NOTES RELATIVE TO THE TAXATION OF COSTS. Notes, &c. IN August term, 1803, the court adopted the following construction as to the taxation of costs, where the sum reLaws, vol. 1. covered was not above 100 pounds, under the fourth section of the act concerning costs. p. 259. 1. That no charge be allowed for services, or compensation where the same do not in fact exist in this court, but are exclusively appropriated to the courts of common pleas, as for instance, the charge for plaints, and the judge's and recorder's fees. 2. That no charge be taxed, unless a like charge for a like service would have existed and been taxable in the courts of common pleas; and therefore, for example, no circuit record is taxable in such case. 3. That for a recognizance roll there be allowed one dollar and fifty cents, exclusive of twenty-five cents paid to the clerk for the entry thereof. In November term, 1803, the judges agreed that sheriffs were entitled to the following fees: For summoning a struck jury For a view $ 1 87 1-2 1 87 1-2 For each day, and for going and returning $1 25 p. day. 1 12 1-2 On a writ of right, for summoning four electors 1 Going to the supreme court with and returning $3 p. day. Notes, &c. A brief is allowed in all cases of special motions, or ar guments to be made or opposed by counsel. The recognizance-roll is to include the declaration, and See 2 Lilly, the whole is taxable. In April term, 1800, it was decided that one taxation of costs, in the fee bill, meant that in the cases where the plaintiff might consolidate, and yet proceed separately, he shall have costs taxed but in one suit, and may elect the suit.It was also decided, that the plaintiff was not entitled to charge for entries on the roll, until after issue or judg ment. In November term, 1804, the following directions were given to the clerks, relative to the taxation of costs: 1. That where the defendant proceeds in a suit, he must add the judgment to the issue-roll filed by the plaintiff, and is not to be allowed the taxation of a new issue-roll, unless in the opinion of the clerk or a judge, a new issue-roll was necessary. 2. One brief only for trial or argument is to be taxed, though they do not come on according to notice. 3. A certificate of perusing special pleadings and entries, may be given by any counsel, and is not confined to the counsel employed in the cause. 4. When a counsellor is in partnership with an attorney, he shall not certify as to special pleadings and entries, if both their names appear as attornies on record. 521. 2. R. K. B. 316. Notes, &c. 1 Johnson, 312. 2 Johnson, 107. 5. An admission in writing by the opposite counsel, as to special entries, &c. shall be equivalent to a certificate. 6. The clerk may charge nine cents for filing a note of issue. 7. The expense of entering satisfaction, cannot be taxed in the plaintiff's bill of costs. It was ordered in February term, 1805, that in error on certiorari, only one general assignment of errors should be taxed. This was taxed by one of the judges, at 4 folio. In November term, 1805, paper books, delivered to the court on a motion, in arrest of judgment, were allowed to be taxed. In May term, 1806, it was decided, that the crier's fees for ringing the bell, and calling the action, at circuits and sittings, were to be taxed. In November term, 1806, it was decided that the expenses of suing out a commission, to examine witnesses, such as the affidavit, notice and motion, drawing, engrossing and sealing the commission, &c. were to be taxed; but that none of the expenses of executing the commission could be tax ed. In the case of Jackson ex dem. Lewis and others, against Boyd, submitted to the chief justice, for taxation, August 21, 1806, he decided, off 1. That if a cause be noticed at the circuit, and goes for want of time, the costs must decide the event of the 2. That exemplifications and copies of records, maps, Notes, &c. &c. are not taxable against the opposite party. See 2 East, 259. 108. Cases made for the argument of a cause are not taxable 2 Johnson, under the act for regulating fees, &c. If several suits be consolidated, and more than 250 dol- 1 Caines, 66. lars be recovered on the leading suit, and less than that sum on the others, the plaintiff will not be entitled to supreme court costs in the latter. If a suit be compromised between the parties without 1 Caines, 66. the knowledge of their attornies, and nothing be said about the costs, each party must pay his own costs. Surrender of In April term, 1796, the judges adopted the following forms and rules of proceeding, on the surrender of bail: 1. Two certified copies of the bail-piece must be made out by the clerk in whose office it is filed, on one of which the judge indorses the following committitur. "The defendant, on the prayer, and for the indemnity "of his manucaptors, is committed to the custody of the "sheriff of at the suit of the plaintiff in the plea "above (or within) mentioned. Dated," &c. This committitur is to be signed by the judge, when the bail surrenders the defendant to the sheriff, before or in the presence of the judge. It is then delivered to the sheriff to be retained by him. The defendant may surrender himself before the judge, without the act or presence of the bail, and then it is stated to be, "on the prayer of the de"fendant." 2. If the defendant be in custody, and do not appear before the judge, the sheriff must sign the following acknowledgment of it: "I acknowledge that the defendant is in my custody in "the gaol of Dated," &c. The proof of this acknowledgment must be made by a subscribing witness on oath, before a judge or a commissioner, or by a certificate of the judge in whose presence |