Majority
p. 547Barber vs. The West Stockbridge Rail Road Company.
Headnote
A charge for drawing and copying a bill of particulars is not taxable in suits commenced since the act of May 14th, 1840.So as to a charge for a copy of the pleadings to be used by referees, the cause having been referred.
Re-taxation of costs. The suit was commenced after the act of May 14th, 1840 (Sess. L. ’40, p. 327) went into efféct, and the plaintiff obtained a report of referees in his favor. The following items were charged and allowed by the taxing officer, viz, ££Dr. bill of particulars, delivered in pursuance of a judge’s order, $2,50: Two copies, $3,00: Copy pleadings for referees, $3,00.” The defendant’s counsel having objected before the officer to the allowance of these charges, now moved for a re-taxation. •
M. T. Reynolds, for the motion.
JV*. Hill, Jr., contra.
By the Court,
Wé think the charges objected to were improperly allowed by the taxing officer. The act of 1840 (Sess. Laws of ’40, p. 327) contains no provision allowing compensation for such services.
Motion granted,