Section 12-20-1

Costs and fees of substitution.

The cost of any proceedings for substitution under any of the provisions of this chapter shall be paid by the party applying for such substitution if there is no defense; and, if a defense is interposed, the costs are to be paid by the unsuccessful party; but in no case shall any officer be entitled to any fees in such proceedings if the loss or destruction of the paper or instrument sought to be substituted was caused by his neglect or fault.

(Code 1867, §650; Code 1876, §557; Code 1886, §662; Code 1896, §2651; Code 1907, §5743; Code 1923, §10136; Code 1940, T. 7, §12.)