858. Witnesses may be required to appear and testify upon any proceedings under this chapter, in the same manner as upon the trial of an issue.

Amended Code, § 295.

§ 859. The party or witness may be required to attend before the judge, or before a referee, appointed by the court or judge. If before a referee, the examination must be taken by the referee, and certified to the judge. All examinations and answers before a judge or referee, under this chapter, must be on oath, except that when a corporation answers, the answer must be on the oath of an officer thereof.

Amended Code, § 296.

§ 860. The judge may order any property of the judgment debtor, not exempt from execution, in the hands either of himself or any other person, or due to the judgment debtor, to be applied towards the satisfaction of the judgment, except that the earnings of the debtor for his personal services, at any time within thirty days next preceding the order, cannot be so applied, when it is made to appear by the debtor's affidavit, or otherwise, that such earnings are necessary for the use of a family supported wholly or partly by his labor.

Amended Code, § 297. Modified, so as to preserve the current earnings of a debtor for the use of his family, if necessary for their support.

§ 861. The judge may also, by order, appoint a receiver of the property of the judgment debtor, in the same manner and with the like authority, as if the appointment were made by the court. The judge may also, by order, forbid a transfer or other disposition of the property of the judgment debtor, not exempt from execution, and any interference therewith.

Amended Code, § 298.

§ 862. If it appear that a person or corporation alleged to have property of the judgment debtor, or indebted to him, claims an interest in the property, adverse to him, or denies the debt, such interest or debt is recoverable only in an action against such person or corporation, by the receiver: but the judge may, by order, forbid a transfer or other disposition of such property or interest, till a sufficient opportunity be given to the receiver to commence the action, and prosecute the same to judgment and execution. Such order may be modified or vacated, by the judge granting the same, at any time, on such security as he may direct.

Amended Code, § 299.

§ 863. The judge may, in his discretion, order a reference to a referee agreed upon or appointed by him, to report the evidence or the facts.

Amended Code, § 300.

§ 864. The judge may allow to the judgment creditor, or to any person so examined, whether a party to the action or not, his charges, and a fixed sum in addition, not exceeding ten dollars, as costs.

Amended Code, § 301.

§ 865. If any person, party or witness, disobey an order of the judge or referee, duly served, such person, party or witness, may be punished by the judge, as for a contempt. The proceedings therefor are prescribed in the title of the third part of this code, respecting the punishment of contempts.

Amended Code, § 203.

TITLE X.

OF THE COSTS IN CIVIL ACTIONS.

SECTION 866.

Fee bill abolished. Allowances given, termed costs.

867. When allowed, of course, to plaintiff.

868. In several actions against parties to the same instrument, but one bill of costs.

869. When allowed to defendant.

870. When allowed to either party, in the discretion of the court.

871. Costs not allowed in action on a judgment, unless brought by leave of court.

872. Amount of costs allowed in certain cases.

873. Interest on verdict or report, when allowed.
874. Costs, how to be inserted in judgment.

877. Costs on postponement of trial.

878. Costs on a motion.

879. Costs against infant plaintiff.

880. Costs not allowed when tender has been made.

881. Costs in an action by or against an executor or administrator, trustee of an express trust, or a person expressly authorised by statute to sue.

882. Costs on a review of a decision of an inferior court, in a special

proceeding.

883. Costs in actions by the people.

884. Costs in actions for the benefit of a corporation.

885. Costs against assignee of cause of action after action brought.

886. Costs on a settlement.

887. Costs in action by plaintiff out of the state.

§ 866. All statutes, establishing or regulating the costs or fees of attorneys and counsel in civil actions, and all existing rules and provisions of law, restricting or controlling the right of a party to agree with an attorney, or counsel, for his compensation, are repealed; and hereafter the measure and mode of such compensation must be left to the agreement, express or implied, of the parties. But there may be allowed to the prevailing party, certain sums by way of indemnity,

for his expenses in the action; which allowances are in this code termed costs.

Amended Code, §303.

§ 867. 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, or when a claim of title to real property arises on the pleadings, or is certified by the court to have come in question at the trial;

2. In an action to recover the possession of personal property;

3. In the actions of which, according to section 154, a justice's court has not jurisdiction :

4. In an action for the recovery of money, where the plaintiff recovers fifty dollars or more. But in an action for assault, battery, false imprisonment, libel, slander, malicious prosecution, criminal conversation, or seduction, if the plaintiff recover less than fifty dollars damages, he can recover no more costs and charges than damages. And in an action to recover the possession of personal property, if the plaintiff recover less than fifty dollars damages, he can recover no more costs and charges than damages, unless he recover also property, the value of which with the damages amounts to fifty dollars. Such value must be determined by the jury, court, or referee, by whom the action is tried.