ARTICLE SECOND. REGULATIONS RESPECTING THE AWARDING OF COSTS IN) § 3241. Costs against the State; how paid. 3242. Costs where action brought by people, on relation of private person. 3243. Id.; for the benefit of a county, etc. § 3244. Costs, against a school officer. 3245. Id.; against a municipal 3246. Id.; by or against an ex- 3247. Costs in case of transfer, 3241. Where costs are awarded against the people of the State, in an action or a special proceeding brought, by a public officer, pursuant to any provision of law, and the proceedings have not been stayed, by appeal or otherwise; the comptroller must draw his warrant upon the treasurer, for the payment of the costs, out of any money in the treasury, appropriated for that purpose, upon the production to him of an exemplified copy of the judgment, or order awarding the costs, and, where the amount is not fixed there.y, of a taxed bill of costs; accompanied, in either case, with a certificate of the Attorney-General, to the effect that the action or special proceeding was brought pursuant to law. The fees of the clerk, for the exemplified copy, must be certified thereupon by him, and included in the warrant. § 3242. Where an action is brought, in the name of the people of the State, upon the relation of a private corporation or individual, as prescribed in section one thousand nine hundred and eighty-six of this act, a judgment, awarding costs to the defendant, must award them, against the relator, in the first instance; and against the people, only in case an execution, issued thereupon against the property of the relator, is returned unsatisfied. § 3243. In an action or a special proceeding, brought in the name of the people of the State, to recover money or property, or to establish a right or claim, for the benefit of a county, city, town, or village, costs shall not be awarded against the people; but, where they are awarded to the defendant, they must be awarded against a body for whose benefit the action or special proceeding was brought. S3244. Costs cannot be awarded to the plaintiff, in an action against a school officer, or a supervisor, on account of an act performed by him, by virtue of, or under color of his office; or on account of a refusal or an omission to perform a duty enjoined upon him by law; where his act, refusal, or omission might have been the subject of an appeal to the State superintendent of public instruction, and where it is certified that it appeared, upon the trial, that the defendant acted in good faith. But this section does not apply to an action for a penalty; or to an action or a special proceeding, to enforce a decision of the superintendent. 112 N.Y.117 31 Hun, 426. 3245. Costs cannot be awarded to the plaintiff, in an action against a municipal corporation, in which the com plaint demands a judgment for a sum of money only unless the claim, upon which the action is founded, was 105 N. Y. 54. before the commencement of the action, presented for par ment to the chief fiscal officer of the corporation. 106 Id. 667. § 3246. In an action, brought by or against an executor or administrator, in his representative capacity, or the trustee of an express trust, or a person expressly authorized by statute to sue or to be sued, costs must be awarded, as in an action by or against a person, prosecuting or defend ing in his own right, except as otherwise prescribed i sections one thousand eight hundred and thirty-five and one thousand eight hundred and thirty-six of this act but they are exclusively chargeable upon, and collectibl from the estate, fund, or person represented, unless the court directs them to be paid, by the party personally, for mismanagement or bad faith in the prosecution or defence of the action. § 3247. Where an action is brought, in the name of another, by a transferee of the cause of action, or by any other person, who is beneficially interested therein; or where, after the commencement of an action, the cause of action becomes, by transfer or otherwise, the property of person, not a party to the action; the transferee, or other person so interested, is liable for costs, in the like cases, and to the same extent, as if he was the plaintiff ; and. where costs are awarded against the plaintiff, the court may, by order, direct the person so liable to pay them. Except in a case, where he could not have been lawfully directed to pay costs, personally, if he had been a party, as prescribed in the last section, his disobedience to the order is a contempt of court. But this section does not apply to a case, where the person so beneficially interested, is the attorney or counsel for the plaintiff, if his only beneficial interest consists of a right to a portion of the sum or property recovered, as compensation for his services in the action. ARTICLE THIRD. MISCELLANEOUS PROVISIONS. §3248. Certificate entitling party § 3250. This title not to affect special provisions of law. to costs or increased costs. 3249. Costs against infant plain tiff, collectible of guard ian ad litem. § 3248. Where, upon the trial of an action, the title to real property comes in question, or any fact appears, whereby either party becomes entitled to costs, or to the increased costs specified in section three thousand two hundred and fifty-eight of this act, the judge presiding at the trial, or the referee, must, upon the application of the party o be benefited thereby, either before or after the verdict, eport, or decision is rendered, make a certificate, stating he fact. Such a certificate is the only competent evidence, s to the matter, before the taxing officer. 3249. Where costs are awarded against an infant plaintiff, they may be collected, by execution or otherwise, From his guardian ad litem, in like mannner as if the latter was the plaintiff. § 3250. This title does not affect any provision contained elsewhere in this act, or in any other statute, remaining unrepealed after this chapter takes effect; whereby the award of costs is specially regulated, in a particular case, otherwise than as prescribed in this title. TITLE II. Fixing the amount of costs. ARTICLE 1. Sums allowed as costs; disbursements. ARTICLE FIRST. SUMS ALLOWED AS COSTS; DISBURSEMENTS. 3251. Amount of costs gener- 3253. Additional allowance to 8254. Allowances under the foregoing sections limited. 8255. Costs upon adjournment of trial. § 3256. Disbursements to be in- 3257. Increased damages not to 3260. Costs upon a settlement. 3251. 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 four hundred and twenty 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 guardians ad litem, for one or more infant defendants, ten dollars. For procuring an injunction order; or, in the marine court of the city of New York, 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. To either party: For all proceedings, after notice of trial, and before tri except as otherwise prescribed in this article, fifteen day lars. For taking the deposition of a witness or of a party, prescribed in section eight hundred and seventy, secti eight hundred and seventy-one, or section eight hundre and ninety-three of this act, ten dollars. For drawing interrogatories, to be annexed to a comm sion, or to letters rogatory, issued as prescribed in sectio eight hundred and eighty-eight, nine hundred and twelve nine hundred and thirteen, and three thousand one hur dred 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, thirty dollars; and where the trial necessarily occupies more than two days, t dollars in addition thereto. For making and serving a case, twenty dollars; and where the case necessarily contains more than fifty folio ten dollars in addition thereto. For making and serving amendments to a case, ten dc lars. Upon a motion for a new trial, upon a case, or an appli cation for judgment upon a special verdict, the same suns as upon an appeal, as prescribed in subdivision fourth of this section. Upon any other motion, or upon a reference specified i section three thousand two hundred and thirty-six of th act, to each party to whom costs are awarded, a sum fixe by the court or judge, not exceeding ten dollars beside necessary disbursements for printing and referee's fees. Where a new trial is had, pursuant to an order grantin the same, for all proceedings after the granting of, and be fore the new trial, twenty-five dollars. For one term of the marine court of the city of New York, at which the cause is necessarily on the calendar and for each term of the circuit court, or trial term, or special term, of the supreme court, a superior city court, a county court, not exceeding five, at which the cause: necessarily on the calendar, excluding the term at which : is tried, or otherwise finally disposed of; ten dollars. 4. To either party, upon an appeal to the supreme court from an inferior court; or upon an appeal to the genera term of the supreme court, or of a superior city_court, o of the marine court of the city of New York, taken from an interlocutory or final judgment, or from an order grant ing or refusing a new trial, rendered or made in the same court, or in a circuit court; or upon an appeal to the court of common pleas for the city and county of New York, from the marine court of that city; or upon an appli cation to a general term for a new trial, or for judgment upon a verdict, rendered subject to the opinion of the court, or where exceptions are ordered to be heard, in the rst instance, at the general term : Before argument, twenty dollars. For argument, forty dollars. For one general term of the marine court of the city of New York, at which the cause is necessarily on the calenlar; and for each general term, not exceeding five, of the supreme court, or of a superior city court, at which the cause is necessarily on the calendar, excluding the term at which it is argued, or otherwise finally disposed of; ten dollars. 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 the calendar, excluding the term at which it is argued, or otherwise finally disposed of, ten dollars. Where a judgment is affirmed by the Court of appeals, the court may, in its discretion, also award damages, by way of costs, for the delay, not exceeding ten per centum upon the amount of the judgment; or, where it was rendered upon an appeal, upon the amount of the original judgment. Bul. 37. 3252. Where the action is brought to foreclose a 4 Month. L 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 one thousand six hundred and thirty-seven 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 one |