tion, against several parties who might have been joined as defendants in the same action, no costs can be allowed to the plaintiff in more than one of such actions, which may be at his election, if the parties proceeded against in the other actions were, at the commencement of the previous action, openly within this state; but the disbursements of the plaintiff may be allowed to him as provided in the preceding section.

§ 5. Costs in equitable actions—several defendants. In equitable actions, costs may be allowed, or not; and, if allowed, may be apportioned between the parties on the same or adverse sides, in the discretion of the court. When there are several defendants, not united in interest, and making separate defences by separate answers, and the plaintiff fails to recover judgment against all, the court may award costs to such of the defendants as have judgment in their favor, or any of them.

8 M. 401 (451.)

§ 6. Costs in action on judgment. Costs cannot be allowed to the plaintiff in an action upon a judgment of a court of this state, between the same parties, unless such action was brought with previous leave of the court, for cause shown; but this prohibition does not apply to an action upon the judgment of a justice, brought in another county, or brought in the same county, in case of the summons not having been served on all the defendants, or the death of a party, or the death, resignation, incapacity to act, or removal from the county, of the justice, or the loss of his docket.

§ 7. Interest on verdict, etc. When the judgment is for the recovery of money, interest, from the time of the verdict or report, until the judgment is finally entered, shall be computed by the clerk, and added thereto.

$8. Costs and disbursements, how taxed-objections-appeal. Costs and disbursements shall be taxed and allowed, in the first instance, by the clerk, upon two days' notice by either party, and inserted in the entry of judgment; the disbursements shall be stated in detail, and verified by affidavit, which shall be filed; the party objecting to any item shall specify in writing the grounds of objec tion, and the same. in case of appeal, shall be certified to the court by the clerk, and the appeal shall be heard and determined upon the objections so certified, and none other.

2 M. 55 (67) ; 3 M. 246 (347); 4 M. 434 (552) : 5 M. 416 (522) ; 8 M. 267 (303); 10 M. 340 (423); 17 M. 32

§ 9. Costs on motions and demurrers. Costs may be allowed on a motion or demurrer, in the discretion of the court or judge, not exceeding ten dollars, and may be absolute, or directed to abide the event of the action. (As amended 1867, c. 82, §1.)

$10. Guardian of infant plaintiff responsible for costs. When costs are adjudged against an infant plaintiff, the guardian by whom he appears in the action is responsible for them, and judgment therefor may be entered against both the guardian and the infant.

§ 11. Defendant entitled to costs after tender, when. When, in an action on contract, express or implied, the defendant alleges in his answer, that, before the commencement of the action, he tendered to the plaintiff the full amount to which he was entitled, and therenpon deposits in court, for the plaintiff, the amount so tendered, and the allegation is found true, the defendant is entitled to costs and disbursements.

$12. Costs chargeable on estate or fund, when. In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or a person expressly authorized by statute, costs and disbursements may be recovered, as in an action by and against a person prosecuting or defending in his own right; but the same shall, by the judgment, be made chargeable only 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; but no costs or disbursements are recoverable in such action, unless it appears that the demand was first presented to the executor or administrator, verified by oath, and payment demanded.

$ 13. Relator entitled to, and liable for costs. When an action or proceeding is instituted in the name of the state, on the relation of any citizen, such relator is entitled to and liable for costs and disbursements, in the same cases, and to the same extent, as if such action or proceeding had been instituted in his own name.

$ 14. Costs on appeal from justice of the peace. In civil actions tried before a justice of the peace, if the plaintiff appeals from a judgment in his favor, and does not recover, in the district court, a greater sum as damages than he recovered by the first judgment, the defendant is entitled to costs and disbursements; if the defendant appeals, and the amount of the plaintiff's recovery before the justice is reduced one-half or more in the district conrt, the defendant is entitled to costs and disbursements; in all other cases of appeal from the judgment of a justice of the peace in such actions, the successful party is entitled to costs and disbursements.

§ 15. Same-interest not to be considered. In comparing the sums recovered by the two judgments, for the purposes specified in the preceding section, the interest accrued on the plaintiff's demand, after the first judgment, shall not be considered.

COSTS IN THE SUPREME COURT.

§ 16. Allowance discretionary-amounts. Costs in the supreme court may be allowed, in the discretion of said court, as follows:

First. To the prevailing party, upon a judgment in his favor on the merits, not exceeding twenty-five dollars;

Second. Upon dismissal, not exceeding ten dollars,

4 M. 435 (553); 6 M. 353 (508).

§ 17. Disbursements allowed in all cases. In all cases the prevailing party shall be allowed his disbursements necessarily paid or incurred.

§ 18. Court may allow percentage, when. In an action for the recovery of money only, said court may, if of opinion that the appeal was taken for delay, merely, allow the plaintiff, in addition to costs and disbursements, a sum not exceeding three per cent. on the amount of the judgment recovered in the district court.

SECURITY FOR COSTS.

§ 19. Security for costs required, when additional security. When an action is commenced in the district court in the name of any plaintiff who is committed and in execution for a crime, or wherein the plaintiff is a non-resident of this state, or wherein all of several plaintiffs are non-residents of this state, or in the name and behalf of any foreign corporation, such plaintiff shall file with the clerk of the court wherein such action is brought, before the service of the summons therein, a bond in the penal sum of seventy-five dollars, executed by one or more sureties, payable to the clerk of such court, for the benefit of parties who may become entitled to disbursements or costs in such action, and conditioned for the payment of all disbursements and costs that may be adjudged against the plaintiff in the action. If, after the commencement of the action, all the parties plaintiff therein become non-residents of this state, or the sureties in the bond above provided for remove from this state, or become insolvent, the defendant may, on motion, by order of the court, require an additional bond to be filed, payable and conditioned as herein provided.

§ 20. Neglect to file security-stay of proceedings. If any party commences an action without filing a bond, or fails to provide an additional one, as above required, the court, on motion of the defendant, may order a stay of all proceedings in such action, or a dismissal of such action at the cost of the attorney commencing the same.

§ 21. Bond may be put in suit, when. When judgment is entered against any party who has given security as above provided, and the disbursements and costs so adjudged against such party remain in whole or in part unpaid, for ten days after the entry of judgment, such bond may be put in suit, and prosecuted to final judgment and execution.

§ 1. What may be exempt as a homestead—rights of wife and children. A homestead, consisting of any quantity of land not exceeding eighty acres, and the dwelling-house thereon and its appurtenances, to be selected by the owner thereof, and not included in the laid-out or platted portion of any incorporated town, city or village, or, instead thereof, at the option of the owner, a quantity of land not exceeding in amount one lot, if within the laid-out or platted portion of any incorporated town, city or village having over five thousand inhabitants, or one half acre, if within the laid-out or platted portion of any incorporated town, city or village having less than five thousand inhabitants, and the dwelling-house thereon and its appurtenances, owned and occupied by any resident of this state, shall not be subject to attachment, levy or sale upon execution, or any other process issuing out of any court within this state. This section shall be deemed and construed to exempt such homestead, in the manner aforesaid, during the time it shall be occupied by the widow or minor child or children of any deceased person who was, when living, entitled to the benefits of this act. And whenever a married man shall abscond from the state, or desert his wife or minor children, the wife or minor children may continue to occupy such homestead, with the same right therein as any other owner of a homestead under the laws of the state; and that the same shall not be subject to levy or sale upon attachment, execution, or other final process issued against the said husband, or against the said wife, or against the said husband and wife: provided, they shall not have the right to sell or convey the said homestead. (As amended 1875, c. 66, § 1, and 1875, c. 65, § 1.)

3 M. 22 (53); 5 M. 264 (333); 7 M. 419 (513): 8 M. 272 (309); 10 M. 124 (154); Cogel v. Mickow 11 M. 354 (476); 12 M. 61; 15 M. 116; 16 M. 159; 21 M. 101, 107 299; 22 M. 384; 23 M. 74, 435, 454.

§ 2. Mortgages and conveyances must be signed by wife-exception-mechanics' lien. Such exemption shall not extend to any mortgage thereon lawfully obtained; but such mortgage or other alienation of such land by the owner thereof, if a married man, shall not be valid without the signature of the wife to the same, unless such mortgage shall be given to secure the payment of the purchasemoney, or some portion thereof.

And such exemption shall not extend to any contract for a lien, or upon which a lien would arise under the lien laws of this state, for work done or material furnished in the erection or repair of a dwelling-house or other building on said land. (As amended 1869, c. 26, § 1.)

Lawver v. Slingerland, 11 M. 330 (447); Cogel v. Mickow, 11 M. 354 (476); 15 M. 512; 21 M. 299; 22 M. 144; 23 M. 454. § 3. Homestead to be selected in case of levy. Whenever a levy shall be made upon the lands or tenements of a householder whose homestead has not been selected and set apart by metes and bounds, such householder may notify the officer, at the time of making such levy, of what he regards as his homestead, with a

description thereof, within the limits above prescribed; and the remainder alone shall be subject to sale under such levy.

10 M. 124 (154).

§ 4. Same-survey may be made, when. If the plaintiff in execution shall be dissatisfied with the quantity of land selected and set apart as aforesaid, the officer making the levy shall cause the same to be surveyed, beginning at a point to be designated by the owner, and set off, in a compact form, including the dwelling-house and its appurtenances, the amount specified in the first section of 'this act; and the expense of such survey shall be chargeable on the execution, and collected thereupon.

10 M. 124 (154).

§ 5. Same-sale after survey. After the survey shall have been made, the officer making the levy may sell the property levied upon, and not included in the set-off, in the same manner as provided in other cases for the sale of real estate on execution; and, in giving a deed of the same, he may describe it according to his original levy, excepting therefrom, by metes and bounds, according to the certificate of the survey, the quantity set off as aforesaid.

10 M. 124 (154).

§6. Dwelling-house, without land, exempt, when. Any person owning and occupying any house on land not his own, and claiming said house as a homestead, shall be entitled to the exemption aforesaid.

$7. No exemption from taxes. Nothing in this act-shall be considered as exempting any real estate from taxation, or sale for taxes.

§ 8. Exemption not lost by sale or removal-judgments are not liens. The owner of a homestead under the laws of this state may remove therefrom, or sell and convey the same; and such removal, or sale and conveyance, shall not render such homestead liable or subject to forced sale on execution or other process hereafter issued on any judgment or decree of any court of this state, or of the district court of the United States for the state of Minnesota, against such owner; nor shall any judgment or decree of any such court be a lien on such homestead for any purpose whatever: provided, that this act shall not be so construed as in any manner to relate to judgments or decrees rendered on the foreclosure of mortgages, either equitable or legal. (1860, c. 95, § 1, Gen. St. p. 499.)

15 M. 116.

*§ 9. Absence for more than six months—notice of claim to be recorded. Whenever the owner of a homestead under the laws of this state shall remove therefrom, and cease to occupy the same as such homestead for a period of more than six consecutive months, his right to claim the same as such shall cease and determine on the expiration of such period of six months, unless, prior thereto, he shall file in the office of the register of deeds of the county wherein such homestead is situate, a notice by him subscribed, and acknowledged in the manner deeds are required by law to be acknowledged, particularly designating such homestead, and that he claims the same as such; and in no case shall his right to claim the same as a homestead continue for a longer period than five years from the filing of such notice, unless it has been accompanied, during some portion of said period, by an actual occupancy and residence thereon by him or his family. (1868, c. 58, § 1.)

SECTION.

1. Their property rights.

CHAPTER LXIX.

MARRIED WOMEN.*

SECTION.

4. Contracts between husband and wife. 2. Their power to contract-liabilities on con- 5. Proceedings to debar guilty husband or wife tracts and for torts-contracts affecting from interest in the other's property, in real estate. case of desertion, etc. 3. Husband and wife not liable for each other's 6. Ante-nuptial contracts- husband's liability debts. for wife's torts.

*§ 1. Property rights of married women. All property, real, personal and mixed, and choses in action, owned by any married woman, or owned or held by any woman at the time of her marriage, shall continue to be her separate property notwithstanding such marriage; and any married woman may, during coverture, receive, take, hold, use and enjoy property of any and every description, and the rents, issues and profits thereof, and all avails of her contracts and industry, free from the control of her husband, and from any liability on account of his debts, as fully as if she were unmarried. (1869, c. 56, § 1.)

22 M. 29, 34.

*S 2. Their power to contract-liabilities on contracts and for torts-contracts affecting real estate. A married woman shall be bound by her contracts, and responsible for torts committed by her, and her property shall be liable for her debts and torts, to the same extent as if she were unmarried. Any married woman shall be capable of making any contract, either by parol or under seal, which she might make if unmarried, and shall be bound thereby; except that no conveyance or contract for the sale of real estate, or of any interest therein, by a married woman, other than mortgages on lands to secure the purchase-money of such lands, and leases for terms not exceeding three years, shall be valid, unless her husband shall join with her in such conveyance, save as provided in section five of this chapter as amended: provided, that if her husband is an insane person, she may make such conveyance or contract by joining therein with the guardian of such insane person; and no right to an estate by the curtesy shall attach as against a mortgage given by a married woman to secure the purchase-money of the land so mortgaged. (Id. § 2, as amended 1878, c. 25, § 1.)

20 M. 219: 23 M. 337.

*$ 3. Husband and wife not liable for each other's debts. No married woman shall be liable for any debts of her husband, nor shall any married man be liable for any debts or contracts of his wife, entered into either before or during coverture, except for necessaries furnished to the wife after marriage, where he would be liable at common law. (Id. § 3.)

* 4. Contracts between husband and wife. No contract between a husband and wife, the one with the other, relative to the real estate of either or any interest therein, shall be valid, nor shall any power of attorney or other authority from the one to the other to convey real estate or any interest therein be of any force; but in relation to all other subjects either may be constituted the agent of the other, or contract each with the other, as fully as if the relation of husband and wife did not exist. But in all cases where the rights of creditors or purchasers in good faith come in question, the husband shall be held to have notice of the contracts and debts of his wife, and the wife shall be held to An act to amend chapter sixty-nine of the General Statutes, entitled "Married Women." Approved March 5, 1869. (Laws 1869, c. 56.) This act entirely supersedes Gen. St. c.69.