Page:United States Statutes at Large Volume 76A.djvu/162

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–66–

-66§ 377. Costs on dismissal for want of jurisdiction If an action is dismissed for want of jurisdiction, courts nevertheless may render judgment for costs as justice may require. § 378. Costs in criminal actions in district court (a) The costs in criminal actions shall be paid by the defendant in cases of appeal from a magistrate's court if the appeal is not prosecuted or if the appeal is prosecuted and the judgment of the magistrate is affirmed, and shall be paid in cases other than appeals from the magistrates' courts when a judgment of guilty is entered. (b) The costs shall be taxed as follows: (1) fees for witnesses produced by the Government or the defense, as fixed by law; (2) for a deposition of a witness for the defendant, $1; (3) for issuing a warrant of arrestj 25 cents; (4) for every adjournment of a trial on motion of the defendant, $2; (5) for filing each paper required by law or pleading, 5 cents; (6) for furnishing copies to the defendant of pleadings except the information, 15 cents per folio; (7) for swearing each witness on trial, 10 cents; (8) for a subpoena, including all the names contained therein, 25 cents, and in no case may more than six subpoenas be allowed for; (9) for receiving and entering a judgment, 25 cents; (10) for warrant of commitment on sentence, 75 cents; (11) for record of conviction and filing the same, 75 cents; (12) for a return of any writ of certiorari, 25 cents; and (13) fee for services of the marshal as provided by item (15) of section 345 of this title. Subchapter IV—Security for Costs § 391. Requirement of security for costs (a) The plaintiff in a civil action or proceeding in the district court or in a magistrate's court may be required to give security for the costs upon motion of the opposing party or of an officer of the court interested in the costs accrumg in the action or proceeding; and the court shall require the plaintiff to give security for costs within a reasonable time thereafter and not later than 10 days after the motion is presented to the court. If the plaintiff fails to comply with the order within the time prescribed by the court, the action or proceeding shall be dismissed. (b) Magistrates may in all cases require a deposit of money or an undertaking, as security for costs of court, before issuing a summons. § 392. Form of security; new or additional undertaking (a) The security for costs required by this subchapter may consist of a money deposit, bond of a surety company, or cost bond with two or more good and sufficient sureties. The form of the security shall be determined by the court before which the proceedings are pending. If personal security is furnished, the sureties must be residents of the Canal Zone, and an officer of the court or attorney practicing before the court may not be accepted as surety. (b) Upon proof that the original undertaking is insufficient security, the court may order the giving of a new or additional undertaking within such time as the court prescribes. If the plaintiff fails to comply with the order within the time prescribed by the court, the proceedings shall be dismissed.