Majority
p. 242La Farge vs. Luce.
Headnote
' in a notice for a commission, given, after rereiving notice fondant sliouid ■stipulatetopay the plaintiff’s costs ofprepating for tiiai.Motion for a commission. The witness sought to be exam}nec[ went from this state into Upper Canada on the 21st 7 11 , day of October last On the 6th December the defendant gave notice of a motion at this term for a commission to.exam;ne the witness, previous to which time the plaintiff had c ... noticed the cause for trial at the Jenerson circuit, to counmence onthe 15th December.
The motion is granted on.payment of the plaintiff’s,costs for preparing for trial at the last circuit, up to the time of service of notice of this motion; and
p. 243
the defendant not having stipulated in his notice to pay the plaintiff’s costs of preparing for trial, must also pay the costs of resisting this motion.