TITLE II. Fixing the amount of costs. 1. Article 1. Sums allowed as costs; disbursements. 2. Taxation of costs. ARTICLE FIRST. Sums allowed as costs; disbursements. Sec. 3251. Amount of costs generally. 3252. Additional allowance to plaintiff in foreclosure, partition, etc. 3255. Costs upon adjournment of trial. 3256. Disbursements to be included in bill of costs. 3257. Increased damages not to carry increased costs. 3258. When defendant entitled to increased costs. 8259. Increased disbursements not allowed. 3260. Costs upon a settlement. 3261. This article not to affect special provisions of law. § 3251. [Am'd, 1895, 1896, 1901.] Amount of costs generally. Costs, awarded to a party to an action, must be at the following rates: 1. To the plaintiff: For all proceedings, before notice of trial, in an action specified in section 420 of this act, fifteen dollars; in every other action, twenty-five dollars. For each additional defendant served with the summons, not exceeding ten, two dollars; and for each necessary defendant, in excess of that number, served with the summons, one dollar. For procuring the appointment of a guardian or guardian ad litem, for one or more in.ant defendants, ten dollars. For procuring an order directing the service of the summons by publication thereof, or personally, without the state, on one or more defendants, ten dollars. For procuring an injunction order or an order of arrest, ten dollars. 2. To the defendant: For all proceedings before notice of trial, except as otherwise prescribed in this article, ten dollars. 3. [Am'd, 1901.] To either party: For all proceedings, after notice of trial, and before trial, except as otherwise prescribed in this article, fifteen dollars. For taking the deposition of a witness or of a party, as prescribed in section eight hundred and seventy, section eight hundred and seventy-one, or section eight hundred and ninety-three of this act, ten dollars. For drawing interrogatories, to be annexed to a commission, or to letters rogatory, issued as prescribed in sections eight hundred and eighty-eight, nine hundred and twelve, nine hundred and thirteen, and three thousand one hundred and seventy-one of this act, ten dollars. For the trial of an issue of law, twenty dollars. For the trial of an issue of fact, or the assessment of damages pursuant to section one hundred and ninety-four of this act, thirty dollars; and, where the trial necessarily occupies more than two days, ten dollars in addition thereto. For making and serving a case, twenty dollars; and, when the case necessarily contains more than fifty folios, ten dollars addition thereto. For making and serving amendments to a case, twenty dollar Upon a motion for a new trial, upon a case, or an applicati for judgment upon a special verdict, the same sums as upon appeal, as prescribed in subdivision fourth of this section. Upon any other motion, or upon a reference specified in sect: three thousand two hundred and thirty-six of this act, to es party to whom costs are awarded, a sum fixed by the court judge, not exceeding ten dollars, besides necessary disburseme for printing and referee's fees. Where a new trial is had, pursuant to an order granting t same, or an assessment of damages, pursuant to section one h dred and ninety-four of this act, is had, for all proceedings at the granting of, and before the new trial, or an assessment damages, pursuant to section one hundred ninety-four of this a twenty-five dollars. For one term of the city court of the city of New York. which the case is necessarily on the calendar, and for each tr term or special term, of the supreme court, or a county court.: exceeding five, at which the cause is necessarily on the calends excluding the term at which it is tried, or otherwise finally i posed of, ten dollars. L. 1901, ch. 527. In effect Sept. 1, 1901. 4. [Am'd, 1902.] To either party, upon an appeal to the preme court from an inferior court, excepting upon an appeal the supreme court from the city court of the city of New Y or upon an appeal to the appellate division of the supreme co or to the supreme court from the city court of the city of NYork, taken from an interlocutory or final judgment, or from order granting or refusing a new trial, rendered or made s trial term of the supreme court or of the city court of the city New York; or upon an application to the appellate division of * supreme court for a new trial, or for judgment upon a verd rendered subject to the opinion of the court, or where exceps are ordered to be heard, in the first instance, at a term of appellate division of the supreme court: before argument, twe dollars. For argument, forty dollars. For each term of the pellate division, not exceeding five, of the supreme court which the cause is necessarily on the calendar, excluding the te at which it is argued, or otherwise finally disposed of; ten dol In all appeals taken under section thirty-one hundred and eigh nine costs awarded to the successful party shall not exceed : dollars in addition to the taxable disbursements. L. 1902, eh. 513. In effect Sept. 1, 1902. 5. To either party, upon an appeal to the court of appeals: Before argument, thirty dollars. For argument, sixty dollars. For each term, not exceeding ten, at which the cause is on calendar, excluding the term at which it is argued, or other finally disposed of, ten dollars. Where a judgment is affirmed by the court of appeals, the er may, in its discretion, also award damages, by way of costs. the delay, not exceeding ten per centum upon the amount of judgment; or, where it was rendered upon an appeal, upos amount of the original judgment. Co. Proc., $$ 307 and 315; L. 1895, ch. 946. In effect September 1, 19 I 1896, ch. 226. 3252. Additional allowance to plaintiff in foreclosure, partition, etc. Where the action is brought to foreclose a mortgage upon real property; or for the partition of real property; or to procure an adjudication upon a will or other instrument in writing; or to compel the determination of a claim to real property; or where, in any action, a warrant of attachment against property has been issued; the plaintiff, if a final judgment is rendered in his favor, and he recovers costs, is entitled to recover, in addition to the costs prescribed in the last section, the following percentages, to be estimated upon the amount found to be due upon the mortgage; or the value of the property partitioned, affected by the adjudication upon the will or other instrument, or the claim to which is determined; or the value of the property attached, not exceeding the sum recovered, or claimed; as the case may be. Upon a sum, not exceeding two hundred dollars, ten per centum. Upon an additional sum, not exceeding four hundred dollars, five per centum. Upon an additional sum, not exceeding one thousand dollars, two per centum. Where such an action is settled before judgment, the plaintiff is entitled to a percentage upon the amount paid or secured upon the settlement, at one-half of those rates. In an action to foreclose a mortgage upon real property, where a part of the mortgage debt is not due, if the final judgment directs the sale of the whole property, as prescribed in section 1637 of this act, the percentages, specified in this section, must be computed upon the whole sum, unpaid upon the mortgage. But if it directs the sale of a part only, as prescribed in section 1636 of this act, they must be computed upon the sum actually due; and if the court thereafter grants an order, directing the sale of the remainder, or a part thereof, the percentages must be computed upon the amount then due; but the aggregate of the percentages shall not exceed the sum, which would have been allowed, if the entire sum secured by the mortgage had been due, when final judgment was rendered. Co. Proc., 308 and 309. See Rule 45. § 3253. [Am'd, 1896, 1898, 1899, 1903.] Additional allowance to either party in difficult cases, etc. In an action brought to foreclose a mortgage upon real property or for the partition of real property, or in a difficult and extraordinary case, (where a defense has been interposed in an action), or, except in the first and second judicial districts, in a special proceeding by certiorari to review an assessment under article eleven of chapter nine hundred and eight of the laws of eighteen hundred and ninety-six; and the acts amending the same, the court may also, in its discretion, award to any party a further sum, as follows: 1. In an action to foreclose a mortgage, a sum not exceeding two and one-half per centum upon the sum due, or claimed to be due upon the mortgage, nor the aggregate sum of two hundred dollars. 2. In any action, or special proceeding, specified in this section, where a defense has been interposed, or in an action for the partition of real property, a sum not exceeding five per centum upon the sum recovered or claimed, or the value of the subject matter involved. Id., 309; L. 1896, ch. 571; L. 1898, ch. 61; L. 1899, ch. 299; L. 1903, ch. 316. In effect May 5, 1903. See Rule 45. 8254. Allowances under the foregoing sections limited. But all the sums awarded to the plaintiff, as prescribed in section 3252 of this act, or to a party or two or more parties on the same side, as prescribed in the last sentence of section 3251 of this act, and in subdivision, second of the last section, cannot exceed, in the aggregate, two thousand dollars. Co. Proc., § 309. § 3255. [Am'd, 1895.] Costs upon adjournment of trial. Where an application is made to a court or a referee, to ad journ a trial, the payment to the adverse party of a sum not exceeding ten dollars, or, in the city court of the city of NewYork, a sum not exceeding five dollars, besides the fees of his witnesses, and other taxable disbursements, already made or incurred, which are rendered ineffectual by the adjournment, may be required, as a condition of granting the adjournment. Id., § 314; L. 1853, ch. 617, part of § 4; L. 1895, ch. 946. § 3256. [Am'd, 1895.] Disbursements to be included in bill of costs. A party to whom costs are awarded in an action is entitled to include in his bill of costs his necessary disbursements as fol lows: The legal fees of witnesses and of referees and other of cers; the reasonable compensation of commissioners taking de positions; the legal fees for publication where publication is directed pursuant to law; the legal fees paid for a certified copy of a deposition, or other paper, recorded or filed in any publi office, necessarily used or obtained for use on the trial; copies of opinions and charges of judges; the reasonable expenses of printing the papers for a hearing, when required by a rule of the court; prospective charges for the expenses of entering and docketing the judgment; and the sheriff's fees for receiving and returning one execution thereon, including the search for prop erty and such other reasonable and necessary expenses, as are taxable, according to the course and practice of the court, or by express provision of law. Searches affecting property situate E any county in which the office of county clerk or register is a salaried one, when made and certified to by title insurance, ab stract or searching companies, organized and doing business under the laws of this State, may be used in all actions or special pr ceedings in which official searches may be used, in place of as with the same legal effect as such official searches, and the expenses of searches so made by said companies shall be taxable at rates not exceeding the cost of similar official searches. Id., § 311, am'd; L. 1895, ch. 331. } 3257. Increased damages not to carry increased costs. A plaintiff, who recovers double or other increased damages, does not thereby become entitled to more than single costs; except where it is otherwise specially prescribed by law. 2 R. S. 616, § 23 (2 Edm. 640). 3258. When defendant entitled to increased costs. In either of the following cases, a defendant, in whose favor a final judgment is rendered, in an action wherein the complain: demands judgment for a sum of money only, or to recover chattel; or a final order is made, in a special proceeding insti tuted by a State writ, is entitled to recover the costs, prescribed in section 3251 of this act, and, in addition thereto, one-half thereof: 1. Where the defendant is or was a public officer, appointed or elected under the authority of the State, or a person specially appointed, according to law, to perform the duties of such an officer; and the action or special proceeding was brought by reason of an act, done by him by virtue of his office, or an alleged omission by him, to do an act, which it was his official duty to perform. 2. Where the action was brought against the defendant, by reason of an act done, by the command of such an officer or person, or in his aid or assistance, touching the duties of the office or appointment. 3. Where the action was brought against the defendant, for taking a distress, making a sale, or doing any other act, by or under color of authority of a statute of the State. But this section does not apply, where an officer, or other person, specified herein, unites in his answer with a person not entitled to such additional costs. 2 R. S. 616, § 24. § 3259. Increased disbursements not allowed. The increase, specified in the last section, does not extend to the disbursements; and an officer, witness, or juror, is not entitled to any other fees in the action, except the single fee allowed by law for his services. Id., 25, am'd. 3260. Costs upon a settlement. Where an action, specified in section 3228 of this act, is settled before judgment, no greater sum shall be demanded as costs, than at the rates prescribed by section 3251 of this act. Co. Proc., 322. 3261. This article not to affect special provisions of law. This article does not affect any provision contained elsewhere in this act, or in any other statute remaining unrepealed after this act takes effect, whereby the amount of costs is specially fixed, in a particular case, otherwise than as prescribed in this article. 941 |