[Bill of costs to be collected after issuance of execution.]

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When final judgment or decree shall be rendered in any cause, and execution shall be issued thereon, the clerk shall make a complete copy of all the costs taxed against the defendant in execution, under his hand and the seal of the court, together with a certificate that the said bill of costs is correct. The said bill of costs shall be delivered to the officer to whom the execution shall be directed for execution, and when the writ shall be served, the officer shall deliver the said bill of costs to the defendant in execution, and shall receipt the same when paid, and the said clerk shall be entitled to fifty cents [($.50)] for such copy, to be paid as other costs.

History: Laws 1858-1859, p. 32; C.L. 1865, ch. 46, § 18; C.L. 1884, § 2211; C.L. 1897, § 3157; Code 1915, § 4288; C.S. 1929, § 105-1307; 1941 Comp., § 29-110; 1953 Comp., § 25-1-10.

ANNOTATIONS

Costs should be taxed before transcript is prepared and filed in the supreme court. Daily v. Fitzgerald, 1913-NMSC-001, 17 N.M. 159, 130 P. 247.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 Am. Jur. 2d Costs § 96.


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