a longer time, be summoned to try the issue. After a second verdict in favor of the same party, a new trial shall not be had.

Sec. 526. If no notice for a new trial be given, or, if given, it be denied, the clerk, within five days after the rendition of the verdict or denial of the motion, shall transmit to the court in which the application for the writ is pending, a certified copy of the verdict attached to the order of trial, after which either party may bring on the argument of the application upon reasonable notice to the adverse party.

Sec. 527. If no answer be made the case shall be heard on the papers of the applicant. If an answer be made which does not raise a question, such as is mentioned in section five hundred and twenty-three (of this act), but only such matters as may be explained or avoided by a reply, the court may, in its discretion, grant time for replying; if the answer, or answer and reply, raise only questions of law, or put in issue immaterial statements, not affecting the substantial rights of the parties, the court shall proceed to hear, or fix a day for hearing, the argument of the case.

Sec. 528. If judgment be given for the applicant he shall recover the damages which he shall have sustained, as found by the jury, or as may be determined by the court, or referees upon a reference to be ordered, together with costs; and for such damages and costs an execution may issue, and a peremptory mandate shall also be awarded without delay.

Sec. 529. The writ shall be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the court.

Sec. 530. When a peremptory mandate has been issued and directed to any inferior tribunal, corporation, board, or person, if it appear to the court that any member of such tribunal, corporation, board, or such person upon whom the writ has been personally served has, without just excuse, refused or neglected to obey the same, the court may, upon motion, impose a fine not exceeding one thousand dollars. In case of a persistance in a refusal of obedience, the court may order the party to be imprisoned for a period not exceeding three months, and may make any orders necessary and proper for the complete enforcement of the writ.

TITLE XIII.

OF CONTEMPTS AND THEIR PUNISHMENTS.

Sec. 531. Contempts-what shall be deemed.

Sec. 532. A contempt committed in the presence of the court may be punished summarily; when not so committed an affidavit or statement shall be made.

Sec. 533. A warrant of attachment to answer may issue, or notice to show cause.

Sec. 534. Bail may be given by a person arrested under such

warrant.

Sec. 535. Sheriff shall, upon executing the warrant, arrest and detain the person until discharged.

Sec. 536. Bail bond-form and condition of.

Sec. 537. Officer shall return warrant and bail bond, if any.
Sec. 538.

Hearing.

Sec. 539. Judgment and penalty if guilty.

Sec. 540. If the contempt is the omission of any act, the person may be imprisoned until performed.

Sec. 541.

Person in contempt may also be indicted, if an indictable offence.

Sec. 542. If the party fail to appeal, proceedings.

Sec. 543. Illness sufficient excuse for non-appearance of party arrested; confinements under arrests for contempt. Sec. 544. Judgments and orders in such cases final. Extent of punishment.

Section 531. The following acts or omissions shall be deemed contempts: First. Disorderly, contemptuous, or insolent behavior towards the judge whilst holding court, or engaged in his judicial duties at chambers, or towards referees or arbitrators, while sitting on a reference or arbitration, tending to interrupt the due course of a trial, reference, or arbitration, or other judicial proceeding. Second. A breach of the peace, boisterous conduct, or violent disturbance in the presence of the court, or its immediate vicinity, tending to interrupt the due course of a trial or judicial proceeding. Third. Disobedience or resistance to any lawful writ, order, rule, or process, issued by the court or judge at chambers. Fourth. Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness. Fifth. Rescuing any person or property in the custody of an officer, by virtue of an order of process of such court or judge at chambers.

Sec. 532. When a contempt is committed in the immediate view and presence of the court or judge at chambers, it may be punished summarily; for which an order shall be made, reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed. When the contempt is not committed in the immediate view and presence of the court or judge at chambers, an affidavit shall be presented to the court or judge, of the facts constituting the contempt, or a statement of the facts by the referees or arbitrators.

Sec. 533. When the contempt is not committed in the immediate view and presence of the court or judge, a warrant or attachment may be issued to bring the person charged to answer; or, without a previous arrest, a warrant of commitment may, upon notice, or upon an order to show cause, be granted; and no warrant of commitment shall be issued without such previous attachment to answer, or such notice or order to show cause.

Sec. 534. Whenever a warrant of attachment is issued pursuant to this chapter, the court or judge shall direct, by an endorsement on such warrant, that the person charged may be let to bail for his appearance, in an amount to be specified in such endorsement.

Sec. 535. Upon executing the warrant of attachment, the sheriff shall keep the person in custody, bring him before the court or judge, and detain him until an order may be made in the premises, unless the person arrested entitle himself to be discharged, as provided in the next section.

Sec. 536. When a direction to let a person arrested to bail is contained in the warrant of attachment, or endorsed thereon, he shall be discharged from the arrest upon executing and delivering to the officer, at any time before return day of the warrant, a written undertaking, with two sufficient sureties, to the effect that the person arrested will appear on return of the warrant and abide the order of the court or judge thereon; or they will pay, as may be directed, the sum specified in the warrant.

Sec. 537. The officer shall return the warrant of arrest and undertaking, if any, received by him from the person arrested, by the return day specified therein.

Sec. 538. When the person arrested has been brought up or appeared, the court or judge shall proceed to investigate the charge, and shall hear any answer which the person arrested may make to the same, and may examine witnesses for or against him, for which an adjournment may be had from time to time if neces

sary.

Sec. 539. Upon the answer and evidence taken, the court or judge shall determine whether the person proceeded against is guilty of the contempt charged, and if it be adjudged that he is

guilty of the contempt, a fine may be imposed upon him not exceeding five hundred dollars.

Sec. 540. When the contempt consists in the omission to perform an act which is yet in the power of the person to perform, he may be imprisoned until he shall have performed it, and in that case the act shall be specified in the warrant of commitment.

Sec. 541. Persons proceeded against, according to the provisions of this chapter, shall also be liable to indictment for the same misconduct if it be an indictable offence; but the court, before which a conviction is had on the indictment, in passing sentence, shall take into consideration the punishment before inflicted.

Sec. 542. When the warrant of arrest has been returned served, if the person arrested do not appear on return day, the court or judge may issue another warrant of arrest, or may order the undertaking to be prosecuted, or both. If the undertaking be prosecuted, the measure of damages in the action shall be the extent of the loss or injury sustained by the aggrieved party, by reason of the misconduct for which the warrant was issued, and the costs of the proceedings.

Sec. 543. Whenever, by the provisions of this chapter, an officer is required to keep a person, arrested on a warrant of attachment, in custody, and to bring him before a court or judge, the inability, from illness or otherwise, of the person to attend, shall be a sufficient excuse for not bringing him up; and the officer shall not confine a person arrested upon the warrant, in a prison, or otherwise restrain him of personal liberty, except so far as may be necessary to secure his personal attendance.

Sec. 544. The judgment and order of the court or judge, made in cases of contempt, shall be final and conclusive. The punishment shall be by fine or imprisonment; but no fine shall exceed the sum of five hundred dollars.

TITLE XIV.

OF COSTS.

Prevailing party shall be

Sec. 545. Compensation of attorneys. allowed costs.

Sec. 546.

Sec. 547.

Plaintiff's costs shall be allowed, of course, upon judg-
ment in his favor in certain cases.

Several actions, brought on a single cause of action,
shall
carry costs in but one.

Sec. 548. Defendant's costs shall be allowed, of course, in certain

cases.

Sec. 549. Costs in actions not mentioned in section five hundred and forty-six; costs not allowed when recovery is less than fifty dollars.

Sec. 550.

When the several defendants be not united in interest,
costs may be recovered.

Sec. 551. Costs discretionary with the court, in certain cases.
Sec. 552. Referee's fees.

Sec. 553. Continuance; costs may be imposed as a condition of.
Sec. 554. Costs when a tender is made before suit is brought.

Sec. 555. Costs in actions by, or against, an administrator, etc. Sec. 556. Costs in a review, other than by appeal.

Sec. 557. Costs on the commencement of an action.

Sec. 558. Filing of an affidavit to bills of costs.

Sec. 559. Interest and costs shall be included by the clerk in the judgment.

Sec. 560. When plaintiff is a non-resident, or foreign corporation, defendant may require security for costs.

Sec. 561. Justification of sureties on undertaking for costs.
Sec. 562. If such security be not given, the action may be dis-

missed.

Sec. 563. How a person unable to pay costs may commence an action.

Sec. 564. Any officer may prosecute suit in name of the territory without bond.

Sec. 565. Every party to a suit required to pay fees fixed by law..

Section 545. The measure and mode of compensation of attor-neys and counsellors shall be left to the agreement, express or im-plied, of the parties; but there shall be allowed to the prevailing party in any action in the supreme court, district courts, and probate courts, his costs and necessary disbursements in the action,. or special proceeding in the nature of an action.

Sec. 546. Costs may be allowed, of course, to the plaintiff upon. a judgment in his favor, in the following cases: First. In an. action for the recovery of real property. Second. In an action to recover the possession of personal property when the value of the property amounts to fifty dollars or over. Such value shall be determined by the jury, court, or referee by whom the action. is tried. Third. In an action for the recovery of money or damages, when plaintiff recovers fifty dollars and over. Fourth. In. special proceedings in the nature of an action.

Sec. 547. 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