Costs in a review by appeal. upon the estate, fund, or party represented, unless the Court directs the same to be paid by the plaintiff or defendant, personally, for mismanagement or bad faith in the action or defense. 1032. (§ 508.) When the decision of a Court of other than inferior jurisdiction in a special proceeding is brought before a Court of higher jurisdiction for a review, in any other way than by appeal, the same costs must be allowed as in cases on appeal, and may be collected by execution, or in such manner as the Court may direct, according to the nature of the case. Piling of. and affidavit to bill of costs. Costs on appeal, how claimed and recovered. Interest and costs 1033. (§ 510.) The party in whose favor judg ment is rendered, and who claims his costs, must deliver to the Clerk of the Court, within two days after the verdict or decision of the Court, a memorandum of the items of his costs and necessary disbursements in the action or proceeding, which memorandum must be verified by the oath of the party or his attorney, stating that the items are correct, and that the disbursements have been necessarily incurred in the action or proceeding. 1034. (§ 665.) Whenever costs are awarded to a party by an appellate Court, if he claims such costs, he must, within thirty days after the remittitur is filed with the Clerk below, deliver to such Clerk a memorandum of his costs, verified as prescribed by the preceding section, and thereafter he may have an execution therefor as upon a judgment. 1035. (§ 511.) The Clerk must include in the meded by judgment entered up by him, any interest on the ver must be the Clerk in the judgment. dict or decision of the Court, from the time it was rendered or made, and the costs, if the same have been taxed or ascertained; and he must, within two days after the same are taxed or ascertained, if not included in the judgment, insert the same in a blank left in the judgment for that purpose, and must make a similar insertion of the costs in the copies and docket of the judgment. When plaintiff is dent, or foreign cor poration, defendant require for costs. 1036. (§ 512.) When the plaintiff in an action resides out of the State, or is a foreign corporation, a non-resi security for the costs and charges, which may be awarded against such plaintiff, may be required by may the defendant. When required, all proceedings in the security action must be stayed until an undertaking, executed by two or more persons, is filed with the Clerk, to the effect that they will pay such costs and charges as may be awarded against the plaintiff by judgment, or in the progress of the action, not exceeding the sum of three hundred dollars. A new or an additional undertaking may be ordered by the Court or Judge, upon proof that the original undertaking is insufficient security, and proceedings in the action stayed until such new or additional undertaking is executed and filed. 1037. (§ 514.) After the lapse of thirty days from the service of notice that security is required, or of an order for new or additional security, upon proof thereof, and that no undertaking as required has been filed, the Court or Judge may order the action to be dismissed. 1038. When the State is a party, and costs are awarded against it, they must be paid out of the State Treasury. Costs when county is a 1039. When a county is a party, and costs are awarded against it, they must be paid out of the party. County Treasury. Lost papers, how supplied. Papers without the action, or with defective CHAPTER VII. GENERAL PROVISIONS. SECTION 1045. Lost papers, how supplied. 1046. Papers without the title of the action, or with defective title, may be valid. 1047. Successive actions on the same contract, etc. 1048. Consolidation of several actions into one. 1049. Actions, when deemed pending. 1050. Actions to determine adverse claims and by sureties. 1053. Two of three referees, etc., may do any act. 1054. The time within which an act is to be done may be extended. 1055. Actions against a Sheriff for official acts. 1056. Actions may be prosecuted in the Spanish language in certain counties. 1057. Undertakings mentioned in this Code, requisites of. 1058. People of State not required to give bonds when State is a party. 1045. If an original pleading or paper be lost, the Court may authorize a copy thereof to be filed and used instead of the original. 1046. (§ 531.) An affidavit, notice, or other paper, title of the without the title of the action or proceeding in which it is made, or with a defective title, is as valid and effectual for any purpose as if duly entitled, if it intelligibly refer to such action or proceeding. title, may be valid. Successive actions on the same contract, etc. Consolida tion of several actions into one. 1047. (§ 525.) Successive actions may be maintained upon the same contract or transaction, whenever, after the former action, a new cause of action arises therefrom. 1048. (§ 526.) Whenever two or more actions are pending at one time between the same parties and in the same Court, upon causes of action which might have been joined, the Court may order the actions to be consolidated. when rending. 1049. An action is deemed to be pending from Actions, the time of its commencement until its final deter- deemed mination upon appeal, or until the time for appeal has passed, unless the judgment is sooner satisfied. determine claims, and by sureties. 1050. (§ 527.) An action may be brought by one Actions to person against another for the purpose of determining adverse an adverse claim, which the latter makes against the former for money or property upon an alleged obligation; and also against two or more persons, for the purpose of compelling one to satisfy a debt due to the other, for which plaintiff is bound as a surety. 1051. (§ 633.) On the trial of an action in a Court of record, if there is no short-hand reporter of the Court in attendance, either party may require the Clerk to take down the testimony in writing. 1052. (§ 528.) The Clerk must keep among the records of the Court a register of actions. He must enter therein the title of the action, with brief notes under it, from time to time, of all papers filed and proceedings had therein. 1053. (§ 529.) When there are three referees, or three arbitrators, all must meet, but two of them may do any act which might be done by all. Testimony, taken by when to be the Clerk. The Clerk a register must keep of actions. Two of referees, three etc., may do any act. within act is to may be 1054. (§ 530.) When the act to be done relates The time to the pleadings in the action, or the undertakings to which an be filed, or the justification of sureties, or the service be done of notices, other than of appeal, the time allowed by extended. this Code may, before the time expires, be extended, upon good cause shown, by the Court in which the action is pending, or the Judge thereof, but such extension cannot exceed twenty days. 1055. (§ 645.) If an action is brought against a Sheriff for an act done by virtue of his office, and he Actions against a official acts. Actions may be Spanish language in certain counties. gives written notice thereof to the sureties on any bond of indemnity received by him, the judgment recovered therein is conclusive evidence of his right to recover against such sureties; and the Court, or Judge in vacation, may, on motion, upon notice of five days, order judgment to be entered up against them for the amount so recovered, including costs. 1056. (§ 646.) In the Counties of Monterey, San prosecuted Luis Obispo, Santa Barbara, Los Angeles, and San Diego, if the defendant requires it, a copy of the summons or other process, in the Spanish language, must be delivered to him; and in the Counties of Santa Barbara, San Luis Obispo, Los Angeles, San Diego, and Monterey, with the consent of both parties, the process, pleadings, and other proceedings in a cause may be in the Spanish language. Undertakings in this Code, requisites of. 1057. (§ 650.) In all cases where an undertaking, mentioned with sureties, is required by the provisions of this Code, the officer taking the same must require the sureties to accompany it with an affidavit that they are each residents and householders or freeholders within the State, and are each worth the sum specified in the undertaking, over and above all their just debts and liabilities, exclusive of property exempt from execution; but when the amount specified in the undertak ing exceeds three thousand dollars, and there are more than two sureties thereon, they may state in their affidavits that they are severally worth amounts less than that expressed in the undertaking, if the whole amount be equivalent to that of two sufficient sureties. People of State not give bonds when State is a party. 1058. In any civil action or proceeding wherein required to the State or the people of the State is a party plaintiff, or any State officer, in his official capacity, or on behalf of the State, or any county, city, or town, is a party plaintiff or defendant, no bond, written under |