inclosed in an envelop, into the Post Office, directed to such party. mail, when. 1012. (§ 521.) Service by mail may be made Service by where the person making the service, and the person on whom it is to be made, reside in different places, between which there is a regular communication by mail. mail, how. 1013. (§ 522.) In case of service by mail, the Service by notice or other paper must be deposited in the Post Office, addressed to the person on whom it is to be served, at his place of residence, and the postage paid. The service is complete at the time of the deposit; but if within a given number of days after such service a right may be exercised, or an act is to be done by the adverse party, the time within which such right may be exercised, or act be done, is extended one day for every twenty-five miles distance between the place of deposit and the place of address; such extension, however, not to exceed ninety days in all. ance. after ap 1014. (§ 523.) A defendant appears in an action Appearwhen he answers, demurs, or gives the plaintiff written notice of his appearance, or when an attorney gives notice of appearance for him. After appearance, a Notices defendant or his attorney is entitled to notice of all pearance. subsequent proceedings of which notice is required to be given. But where a defendant has not appeared, service of notice or papers need not be made upon. him unless he is imprisoned for want of bail. non-resi Where a party 1015. (§ 524.) When a plaintiff or a defendant, Service on who has appeared, resides out of the State, and has no dents. attorney in the action or proceeding, the service may be made on the Clerk for him. But in all cases where a party has an attorney in the action or proceeding, the service of papers, when required, must be upon has an attorney, service on such shall be attorney. Preceding provisions not to the attorney instead of the party, except of subpoenas, of writs, and other process issued in the suit, and of papers to bring him into contempt. 1016. (§ 519.) The foregoing provisions of this Chapter do not apply to the service of a summons or proceeding other process, or of any paper to bring a party into apply to to bring party into contempt. Service by telegraph. contempt. 1017. Any summons, writ, or order in any civil suit or proceeding, and all other papers requiring service, may be transmitted by telegraph for service in any place, and the telegraphic copy of such writ, or order, or paper so transmitted, may be served or executed by the officer or person to whom it is sent for that purpose, and returned by him, if any return be requisite, in the same manner, and with the same force and effect in all respects, as the original thereof might be if delivered to him, and the officer or person serving or executing the same has the same authority, and is subject to the same liabilities, as if the copy were the original. The original, when a writ or order, must also be filed in the Court from which it was issued, and a certified copy thereof must be preserved in the telegraph office from which it was sent. In sending it, either the original or the certified copy may be used by the operator for that purpose. Whenever any document to be sent by telegraph bears a seal, either private or official, it is not necessary for the operator, in sending the same, to telegraph a description of the seal, or any words or device thereon, but the same may be expressed in the telegraphic copy by the letters "L. S.," or by the word "seal." CHAPTER VI. OF COSTS. SECTION 1021. Compensation of attorneys. Costs to parties. 1023. Several actions brought on a single cause of action can 1024. Defendant's costs must be allowed of course, in cer- 1025. Costs, when in the discretion of the Court. 1026. When the several defendants are not united in inter est, costs may be severed. 1027. Costs of appeal discretionary with the Court, in cer- 1028. Referee's fees. 1029. Continuance, costs may be imposed as condition of. 1033. Filing of and affidavit to bill of costs. 1034. Costs on appeal, how claimed and recovered. 1035. Interest and costs must be included by the Clerk in the judgment. 1036. When plaintiff is a non-resident or foreign corpora- 1037. If such security be not given, the action may be dis- 1038. Costs when State is a party. 1039. Costs when county is a party. tion of 1021. (§ 494.) The measure and mode of com- Compensapensation of attorneys and counselors at law is left to attorneys. the agreement, express or implied, of the parties; but parties to actions or proceedings are entitled to costs Costs to and disbursements, as hereinafter provided. 1022. (§ 495.) Costs are allowed of course to the plaintiff, upon a judgment in his favor, in the following cases: 1. In an action for the recovery of real property; 2. In an action to recover the possession of personal property, where the value of the property amounts to three hundred dollars or over; such value shall be parties. When course to allowed of plaintiff. Same. Several actions brought on a single cause of action can carry costs in but one. Defend ant's costs must be allowed of course, in certain cases. Costs, when determined by the jury, Court, or referee by whom the action is tried; 3. In an action for the recovery of money or damages, when plaintiff recovers three hundred dollars or over; 4. In a special proceeding; 5. In an action which involves the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine. 1023. (§ 496.) When several actions are brought on one bond, undertaking, promissory note, bill of exchange, or other instrument in writing, or in any other case for the same cause of action, against several parties who might have been joined as defendants in the same action, no costs can be allowed to the plaintiff in more than one of such actions, which may be at his election, if the party proceeded against in the other actions were, at the commencement of the previous action, openly within this State; but the disbursements of the plaintiff must be allowed to him in each action. 1024. (§ 497.) Costs must be allowed of course to the defendant upon a judgment in his favor in the actions mentioned in Section 1022, and in special proceedings. 1025. ($498.) In other actions than those mentioned in Section 1022, costs may be allowed or not, and, if allowed, may be apportioned between the parties, on the same or adverse sides, in the discretion of the Court; but no costs can be allowed in an action for the recovery of money or damages, when the plaintiff recovers less than three hundred dollars, nor in an action to recover the possession of personal property, when the value of the property is less than three hundred dollars. several are not 1026. (§ 499.) When there are several defendants When the in the actions mentioned in Section 1022, not united defendants in interest, and making separate defenses by separate united in answers, and plaintiff fails to recover judgment against be severed. all, the Court must award costs to such of the defendants as have judgment in their favor. costs 1027. (§ 500.) In the following cases the costs of Costs of appeal is in the discretion of the Court: 1. When a new trial is ordered; 2. When a judgment is modified. appeal discretionary with the Court in certain cases. fees. 1028. (§ 504.) The fees of referees are five dol- Referee's lars to each for every day spent in the business of the reference; but the parties may agree, in writing, upon any other rate of compensation, and thereupon such rates shall be allowed. ance, costs imposed as 1029. (§ 505.) When an application is made to a ContinuCourt or referee to postpone a trial, the payment of may be costs occasioned by the postponement may be imposed, condition in the discretion of the Court or referee, as a condition of granting the same. of. Costs when a tender before suit brought. 1030. (§ 506.) When, in an action for the recovery of money only, the defendant alleges in his answer is made that before the commencement of the action he tendered to the plaintiff the full amount to which he was entitled, and thereupon deposits in Court, for plaintiff, the amount so tendered, and the allegation be found to be true, the plaintiff cannot recover costs, but must pay costs to the defendant. 1031. (§ 507.) In an action prosecuted or defended by an executor, administrator, trustee of express trust, or a person expressly authorized by statute, costs may be recovered as in action by and against a person prosecuting or defending in his own right; but such costs must, by the judgment, be made chargeable only |