the commencement of the action, presented for payment to the chief fiscal officer of the corporation. L. 1886,ch. 572. L. 1859, ch. 262, 2 (4 Edm. 682). McClure v. Supervisors of Niagara, 4 Trans. App. 275; 4 Abb. N. S. 202; affirmed, 33 How. 202; 50 Barb. 594; Howell . City of Buffalo, 15 N. Y. 512; Quinlan v. City of Utica, 11 Hun, 218; 74 N. Y. 603; Matter of Jetter, 78 id, 601; see 14 Hun, 93. 3246. Id.; by or against an executor, etc.—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 defending in his own right, except as otherwise prescribed in sections 1835 and 1836 of this act; but they are exclusively chargeable upon, and collectible 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. Code of Proc., part of 2 317. Cunningham v. McGregor, 12 How. 305; 5 Duer, 648; Conger v. Hudson R. R. R. Co., 7 Abb. 255; Lowerre v. Vail, 5 id.229; Columbia Ins. Co. v. Stevens, 37 N. Y. 536; 35 How. 101; 4 Abb. N. S. 122; 5 Trans. App. 9; Reade v. Waterhouse, 52 N. Y. 587; Fox v. Fox, 22 How. 453; Howe v. Lloyd, 9 Abb. N. S. 257; 2 Lans. 335; Curtis v. Dutton, 4 Sandf. 719; Woodruff v. Cook, 14 How. 481; Buckhout v. Hunt, 16 id. 407; Snyder v. Young, 4 id. 217; Van Vleck v. Burroughs, 6 Barb. 341; Fort v. Gooding, 9 id. 388; Russell v. Lane, 1 id. 519; Belden v. Knowlton, 3 Sandf. 758; Bullock v. Bogardus, 1 Den. 276; Sheehan v. Shuertsel, 1 Law Bull. 68; Mersereau v. Ryerss, 12 How. 300; Marsh v. Hussey, 4 Bosw. 614; Lansing v. Cole, 3 C. R. 246; Slocum v. Barry, 38 N. Y. 46; 4 Abb. N. S. 399; 5 Trans. App. 173; 34 How. 320; Parkhill v. Hillman, 12 id. 353; Holdrige v. Scott, 1 Lans. 303; Lyon v. Marshall, 11 Barb. 241; Smith v. Patton, 9 Abb. N. S. 205; Baily v. Bergen, 5 Hun, 555; 67 N. Y. 346; Morgan v. Skidmore, 3 Abb. N. C. 92; Am. Life Ins. & T. Co. v. Van Epps, 14 Abb. N. S. 253; Lindslay . Deafendorf, 43 How. 90; Dodge v. Crandall, 30 N. Y. 294; Merritt v. Thompson, 27 id. 225; Lemon v. Wood, 16 How. 285; Benedict v. Caffe, 3 Duer, 669; 12 N. Y. Leg. Obs. 262; Mitchell v. Mount, 17 Abb. 213; Alger v. Conger. 17 Hun, 45; Sibill v. Remsen, 30 Barb. 441; Wilbur v. White, 56 How. 321: Hall v. Waterbury, 5 Abb. N. C. 356; Olcutt v. McLean, 11 Hun, 394; Theriot v. Prince, 12 How. 451; Ackerman v. Emott, 4 Barb. 626; Brockett v. Bush, 18 Abb. 337; Williams v. Harden, 1 Barb. Ch. 298; Mayer v. Graves, 9 Rep. 555; Kimberly v. Stewart, 22 How. 281; Kimberly v. Blackford, id. 443; Bostwick v. Brown, 15 Hun, 308; Baxter v. Davis, 3 Abb. N. S. 249; Murray v. Hendrickson, 6 Abb. 96; 1 Bosw. 635; Carna han v. Pond, 15 Abb. 194; McLean v. Freeman, 70 N. Y. 81; Phelps v. Cole, 3 C. R. 157; Cumming v. Egerton, 9 Bosw. 684; Devendorf v. Dickinson, 21 How. 275; Ocean Nat. B'k v. Carll, 7 Hun, 237; Sandford v. Granger, 12 Barb. 392. § 3247. Costs in case of transfer, etc., of cause of ac tion. 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 a 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. Code of Proc., 8321; 2 R. S. 619. 3 44 (2 Edm. 643). Miller v. Franklin, 20 Wend. 630; Colvard v. Oliver, 7 id. 497; Cutler v. Reilly, 31 How. 472; 5 Rob. 637; Wheeler e. Wright, 14 Abb. 353: 23 How. 228; Ward v. Roy, 69 N. Y. 96; Gallatin e. Smith, 48 How. 477; Wolcott v. Holcomb, 31 N. Y. 128; Farm. L. & T. Co. v. Kursch, 5 id. 558; 5 Rob. 637; Ham ilton v. Wright, 37 N. Y. 502; Whitney e. Cooper, 1 Hill, 629; Giles v. Halbert, 13 N. Y. 32; 5 How. 319: Conger v. Hudson R. R. Co., 7 Abb. 255; Peck v. Yorks, 75 N. Y. 421; Darling . Bucking, 52 id. 658; 15 Abb. N. S. 190; Genet v. Davenport, 58 N. Y. 607; Jordon r. Sherwood, 10 Wend. 622; Creighton v. Ingersoll, 20 Barb. 541; Carnahan e. Pond, 15 Abb. 193; Columbian Ins. Co. v. Stevens, 37 N. Y. 536: 35 How. 401; 4 Abb. N. S. 132; 5 Trans. App. 9; Bliss v. Otis, 1 Den. 659; Wolcott v. Holcomb, 31 N. Y. 125; Slauson v. Watkins, 9 Rep. 756; Morrison v. Lester, 15 Hun, 538; 11 id. 618. ARTICLE THIRD. MISCELLANEOUS PROVISIONS. SEC. 3248. Certificate entitling party to costs or increased costs. 3249. Costs against infant plaintiff; collectible of guardian ad litem. 3250. This title not to affect special provisions of law. § 3248. Certificate entitling party to costs or in creased costs.—Where, upon the trial of an action, the title to real property comes in question, or any fact ap pears, whereby either party becomes entitled to costs, or to the increased costs specified in section 3258 of this act, the judge presiding at the trial, or the referee, must, upon the application of the party to be benefited thereby, either before or after the verdict, report, or deon is rendered, make a certificate, stating the fact cist Such a certificate is the only competent evidence, as to the matter, before the taxing officer, 2 R. S. 653, 8 (2 Edm. 73). Turner v. Van Riper, 43 How. 33: Snyder v. Beyer, 3 E. D. Smith, 235; Fuller v. Conde, 47 N. Y. 89; Willey v. Shaver, 1 T. & C. 325; Lillis v. O'Connor, 8 Hun, 280; 49 How. 497; Kelley v. N. Y. & M. Beach R. R. Co., 19 Hun, 363. 3249. Costs against infant plaintiff; collectible of guardian ad litem.-Where costs are awarded against an infant plaintiff, they may be collected, by execution or otherwise, from his guardian ad litem, in like manner as if the latter was the plaintiff. Code of Proc., 2316; 2 R. S. 653, 22 15, 16. Schoen v. Schlessinger, 7 Abb. N. C. 399; Sparmann v. Keim, 6 id. 353; Struppman v. Muller, id. 343; s. C., 55 How. 427; Grantman v. Thrall, 31 id. 464; Linner v. Crouse, 61 Barb. 289. 3250. This title not to affect special provisions of law. 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. New. TITLE II. Fixing the amount of costs.. ARTICLE 1. Sums allowed as costs; disbursements. 2. Taxation of costs. ARTICLE FIRST. SUMS ALLOWED AS COSTS; DISBURSEMENTS. BEC. 3251. Amount of costs generally. 3252. Additional allowance to plaintiff in foreclosure, partition, eta 3253. Additional allowance to either party in difficult cases, etc. 3254. Allowances under the foregoing sections limited. 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. 3260. Costs upon a settlement. 3261. This article not to affect special provisions of law. § 3251. 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 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 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 870, section 871, or section 893 of this act, ten dollars. For drawing interrogatories, to be annexed to a commission, or to letters rogatory, issued as prescribed in sections 888, 912, 913, and 3171 of this act, ten dol. lars. 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, ten dollars in addition thereto. For making and serving a case, twenty dollars; and, where the case necessarily contains more than fifty folios, ten dollars in addition thereto. For making and serving amendments to a case, ten dollars. Upon a motion for a new trial, upon a case, or an ap. plication for judgment upon a special verdict, the same sums as upon an appeal, as prescribed in subdivision fourth of this section. Upon any other motion, or upon a reference specified in section 3236 of this act, to each party to whom costs are awarded, a sum fixed by the court or judge, not exceeding ten dollars besides necessary disbursements for printing and referee's fees. Where a new trial is had, pursuant to an order granting the same, for all proceedings after granting of, and before a new trial, twenty-five dollars. For one term of the marine court of the city of NewYork, 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, or a county court, not exceeding five, at which the cause is necessarily on the calendar, excluding the term at which it 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 general term of the supreme court, or of a superior city court, or of the marine court of the city of New-York, taken from an interlocutory or final judgment, or from an order granting 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 application 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 first instance, at the general term: Before argument, twenty dollars. For one general term of the marine court of the city of New-York, at which the cause is necessarily on the calendar; 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 |