The certificate of a witness, as to his travel and attendance, when there are no suspicious circumstances attending it, is conclusive upon the court, as well as the clerk, in the taxation of costs; but otherwise, where the court are led to suspect the truth or fairness of the certificate, it will interfere and correct the taxation of the clerk,' or require an affidavit at least, in support of its correctness.2 Depositions, copies of papers, &c. The deponent's, and justices' fees for taking a deposition, should be certified by the justice, in the deposition, and they are usually allowed in the bill of costs. Such sum will be allowed for the expense of taking a deposition in a foreign country, as in the discretion of the court shall seem reasonable: thus where the expense of taking some depositions in a foreign country, under a commission from the court here, were fourteen hundred and thirty-one dollars, the court allowed the plaintiff, at whose expense they were taken, to tax for them in his bill of costs, four hundred dollars.3 Where copies of deeds are used in the trial of an action, the expense of such copies will be allowed in the taxation of costs, at the rate of fourteen cents for every page. Recording, &c. The last item in the bill, when the judgment is final, in the Court of Common Pleas, is that of recording, &c. for which the clerk has fifty cents. If the case be carried to the Supreme Court, by appeal, or exceptions, the same sum is charged for 1 Cook v. Holmes, 1 Mass. Rep. 295. 2 Farmer v. Storer, 11 Pick. Rep. 241. 3 Thorndike v. Bordman, 6 Pick. Rep. 375. 4 * Inhabitants of Suffolk v. Mill Pond Wharf Co. 5 Pick. Rep. 540. recording and certifying the taxation of the costs in the court below. In the Supreme Court, the last item in the bill of costs, is for recording, twelve cents per page, according to the length of the record. Fee on demurrer. Before, however, the above item in the bill, when the case is carried to the Supreme Court, upon an issue in law, the clerk is entitled to a fee on demurrer, of two dollars and forty-five cents, in common cases, and in trustee actions, of three dollars and fifteen cents; which is paid by the party appealing, and taxed by him, if he prevail; there is likewise in all cases of appeals, demurrer, and exceptions, an item for the copies of the papers of the case, which are paid for by the party appealing or excepting, and which are taxed by him, if he prevail. Miscellaneous cases. Report of referees. Where an action is referred, there are besides the costs of reference, two additional items, in the bill of costs, the first, entering the rule of reference, fifty cents,1 the second, the acceptance of the report, one dollar and fifty-two cents, though strictly, but one dollar and twenty-two cents, are allowable.2 On petitions for sale of real estate, in the Court of Common Pleas, the fees are paid on the entry of the petition; they amount to two dollars and fifty cents.' In the Supreme Court, the fees in such case, are three dollars and fifty cents.2 Petitions for partition. In the Court of Common Pleas three dollars and fifty cents are paid, on the entry of the petition, one dollar is also paid for the warrant of partition; and for recording the return, the clerk is allowed at the rate of twelve cents per page. In the Supreme Court, the entry is the same as in the Court of Common Pleas; on the acceptance of the partition, one dollar and forty-five cents is paid, besides for recording the return upon the warrant, at the rate of twelve cents per page. Libel for divorce. For the libel, the clerk is entitled to receive three dollars and fifty cents;— two dollars and seventy-five cents for the entry, and for the recording, seventy-five cents. These will be al 1 Viz:- Justices' fees, Clerk's fee for entry, &c. do. do. recording, &c. twelve cents per page, average, ,70 - ,20 ,40 lowed, together with travel, attendance, witnesses' fees, and power of attorney, when costs are decreed by the court, as in common cases. NOTE A.- In the Court of Common Pleas. Form of the bill. The following bill of costs is framed upon the supposition that the action has been continued one term, and tried by jury. Suffolk, ss. Court of Common Pleas, Jan'y Term, A. D. 1834. John Doe v. Richard Roe. Pl'ffs Damages.? Int. (if any,) 1 This depends upon the nature of it, as by the officer's return on the writ. 2 Vide ante page 328, and 329, note 1. 3 In continued actions, attendance is allowed for every day of the term. The fees of deponents, magistrates, &c. as set forth in the deposition. 5 This supposes E. F. to have attended four days, and travelled four miles, as must appear by his certificate, filed with the bill. The papers, of which copies are filed, should be succinctly stated. 7 If a verdict, the amount, with interest, if the case had been continued, for advisement, upon motion, or otherwise, beyond the term at which the verdict was rendered, if upon default, the damages are briefly stated, princi pal and interest, claimed, and added together. The form of a bill of costs, in an action defaulted at the first term, must be entitled, as the preceding form, and then proceeds. 1934, Jan. T. Pl'ffs Damages. Interest from to A. B. Pliff's Att'y. The following bill of costs taxed by the defendant, supposes, as in the former case, that the action has been continued, and should be entitled in the same manner, as in the plaintiff's bill. It then proceeds: The plaintiff pays the fees of the clerk, as the cause proceeds; they do not therefore appear in the bill, unless he prevails, and the defendant taxes in his bill, only his own costs, including what he pays out, in legal fees, during the progress of the cause. We again repeat, that in the Court of Common Pleas, the prevailing party taxes attendance, wherever the defendant appears, during the whole of every term, until the final disposition of the cause, including the term at which it is disposed of, except when it is under reference, or continued by the court for advisement. Attorney's fee for defendant is two dollars. 5 There being no fee allowed, where the defendant prevails, for recording, the clerk charges fifty cents for taxing, &c. |