§ 28-26-08 — Costs specially limited

In an action for assault, battery, false imprisonment, libel, slander, malicious prosecution,
criminal conversation, or seduction, if the plaintiff recovers less than fifty dollars damages, the
plaintiff may recover no more costs and disbursements than damages. In an action to recover
the possession of personal property, if the plaintiff recovers less than fifty dollars damages, the
plaintiff may recover no more costs and disbursements than damages, unless the plaintiff
recovers property also, the value of which with the damages amounts to fifty dollars, or the
possession of property is adjudged to the plaintiff, the value of which with the damages amounts
to fifty dollars. Such value must be determined by the jury, court, or referee by whom the action
is tried. When several actions are brought on one bond, recognizance, promissory note, bill of
exchange, or other instrument in writing, or in any other case for the same claim for relief
against several parties who might have been joined as defendants in the same action, no costs
other than disbursements may be allowed to the plaintiff in more than one of such actions,
which must be at the plaintiff's election, if the party or parties proceeded against in such action
or actions, at the time of the commencement of the previous action or actions, has been openly
within this state and not secreted.