j 82. No. 2. Order re-taxation items in de They The taxed bills, under the present law, are to be Vol.1.p 81-3. No.1. Taxing annexed and constitute part of the enrolment. Master's Re- must be therefore carefully engrossed, without erasures port.* or interlineations, like other papers filed in the cause, and denying comif not, or if any considerable deductions are allowed on plainant's pe- taxation, they must be redrawn at the expense of the tition for re- Solicitors offering them for taxation, before the taxing taxation, and officer certifies thereon the amount at which they are directing a taxed (c) It has been held, that on the taxation the as to certain party objecting to any part of any pleading or proceedfendants no- ing as unnecessary, or improper, must point out specitice of appeal fically to the Vice-Chancellor, or Master, the objecNo. 3. Order tionable matter, in defauit whereof the Master, &c. is on motion for not required to notice the objection, and the court will by consent, not order a re-taxation on appeal. (d) By the revised (the objec statutes, the taxing officer is required to examine bills tionable and reject items not taxable, whether objected to or having been not.(e) But although this court will not, as a matter of pointed out to course, allow an appeal from the decision of the taxing the Master) officer, where a party has neglected to appear or to make and for stay the objection before him, yet, where a taxation is ordered, No. 4. Order if it appears on the face of the taxed Bill that other en petition, re-taxation items not of execution. (c) 2 Paige, 53. refused with costs. (e) See 2 R. S. 653, § 5, ib. 183. (d) Kernochan v. Williams et al * Taxing Officers, appointed by an order of Jan. 1830, Circuit 1. THOS ADDIS EMMET, 2. JAMES G. CLINTON, 5. CHESTER HAYDEN, New-York. Newburgh. Saratoga Springs. Ithira. Balavia. improper items were allowed, the taxing officer may be directed to review his taxation as to those items, although not objected to on the previous taxation.(ƒ) No. 1. Master's Report on Taxation. In Chancery. R. D. A., D. S. and I. F. R. V. J. W. P., and J. H. State of New-York, ss.: I, the taxing Master in Chancery, for the circuit of the State of New-York, residing in the city of N. Y., do report that I have this day taxed the costs of the complainants in the above cause, including officers, bills, at the sum of Dated New-York, Jan. - 1830. dollars cents. (Signed.) No. 2. Order for retaxation of certain Items. [Caption, &c. § 32. p. 78. C. P. and S. S. P. v. J. D. Perine v. Dunn. See 3 J. Ch. 508.] A motion having been made by Mr. Wallis, Solicitor and of counsel for the defendant, on appeal from the taxation of the defendant's costs, for a re-taxation of the bill of costs in this cause on the part of the defendant, and the said motion being opposed by Mr. Riggs, Solicitor, and of counsel for the complainants, and the objectionable items being debated by the counsel on each side, and a motion having been made at the same time by Mr. Riggs, by and on behalf of the complainants, founded upon a petition of C. P. one of the complainants, for a re-taxation of the said bill of costs in respect to other items which were specified in the said petition, and the same being opposed by Mr. Wallis, on behalf of the defendant, and the objectionable items contained in the said petition being also debated by the said counsel, and due deliberation had: It is ordered, that the motion founded on the petition of the complainant, C. P., be denied; and all the items of costs specified in the said petition are declared to be rightfully taxed: and it is further declared, that the following items of costs contained in the notice of appeal on the part of the defendant, and known and designated in the notice of 2 Paige 51. CHAP. II. specifying ation, and allowance. CHAP. II. appeal, and also in the bill taxed by the Master, by numbers 4. 20. 27 59. 62. 68. 77. 78. 79. 80. 83. 86. §7. 88. 102. 103. 109. 112. 120. were not rightfully taxed, inasmuch as the disallowance or deductions in respect to the same and specified in the said notice, ought not to have been made; And it is thereupon ordered, that the said bill of costs be retaxed, to the end that the said deductions may be withdrawn, and that the charge, No. 27, be subject to the same deduction of 25 folio from the answer, as was made in respect to other charges in relation thereto. And it is further ordered, that the Master, on such re-taxation, allow to the Solicitor for the defendant his costs for resisting the petition and motion on the part of the complainant for a re-taxation. No. 3. Order for Re-taxation by consent. [Caption, &c. p. 78. Hill v. Stroud.] Stroud.] A motion having this day been made by Mr. Hopkins, the Solicitor for the complainant, for a retaxation of costs, and the same being opposed by Mr. Spencer, Solicitor for the defendants, and inasmuch as the objectionable items were not pointed out in any objections made on a regular taxation before a Master, and the Solicitor for the defendants offers to have the bill re-taxed, according to the usual course of the court: It is thereupon ordered, that the Solicitor for the defendants cause the bills of costs in this case to be re-taxed before one of the taxing Masters, on the usual notice to be given by him to the Solicitor for the plaintiff, and subject to the right of appeal by either party, and that the proceedings on the execution issued in the above cause be further stated until after such taxation. No. 4. Order for Re-taxation, specifying the Items. [Caption, &c. p. 78. Burnet v. Adams admx. &c.: Before the late Circuit Judge (the present Chancellor,) of the 4th circuit. Dec. 22. 1826.] On reading and filing the petition of Judiah Ellsworth, Solicitor in behalf of the several persons who were, by the order of the ninth of October last, permitted to come in and prove their demands before [the Master] on payment of costs, for a re-taxation of the said costs, and counsel having been heard thereon, on the thirtieth day of Octo- CHAP. II. ber last, it is this day ordered and decreed, that the said costs be re-taxed at the expense of the defendant, J. A. and that the Master, on such re-taxation, reject the charges for Attending Clerk to have order entered,' and the charge for Drawing affidavit of notice of taxation, &c.' and that he also disallow the chargefor Clerk attending with papers on the request of defendant,' unless it shall be made satisfactorily to appear to the said Master, by the certificate of the Clerk, that he actually attended with papers which were on the files or records of this court; and that in case such certificate is given, the Master allow for such certificate. No. 5. Order Affirming Master's Taxation. [Caption, &c. p. 78. Wallis v. Blake.] On reading, &c, a notice of a motion for a re-taxation of the complainant's costs in this suit, which were taxed by F. A. Esq. taxing master in the city of N. Y. and the affidavit of the complainant to the said notice annexed, and also an affidavit of the due service of said notice, and of a copy of the affidavit thereto annexed, and on motion of the complainant in person, the same being opposed by Mr. W. A. Duer, in behalf of Mr. B. Robinson, Solicitor for defendant, and due consideration had thereon: It is ordered that the Master's taxatiou be, and the same is hereby affirmed, with the addition of $13 for counsel and Solicitor's attendance at hearing. Solicitor and client, lien, In addition to the points noticed in the first vol. [p. 83.] it may be added, that where the suit is compromised, as between parties or between complainant remedy for and one of the defendants on his agreeing to pay costs, costs, &c. and this with the consent of the Solicitor, it has been held Vol. 1. p. 82that he cannot after proceed in the suit with a view to recover those costs.(a) (a) 13 Price (Exch.) 173. 83. CHAP. II. $83. Vol. p 83-5. ENROLMENT AND EXECUTION. The 111th rule of court, (cited vol. 1. p. 84, requiring an enrolment, before deed can be given to the purdocket and chaser, does not apply to a sale under an interlocutory transcript. order; in such case the deed may be executed before As to exemp-enrolment But if the decree is final as to the whole lifications, see p. 33. subject matter of the sale, it must be enrolled before any conveyance be executed; although as to other branches of the suit, another decree might be necessary before the cause is finally disposed of by the court; and if the bitt is dismissed with costs as to one defendant, the decree must be enrolled before any execution issues ; and the enrolment of any subsequent decree between other parties, or as to other matters, must be made by a continuance on the record of the first enrolment (6) The provision of the revised statutes [also cited, vol. 1. p. 84.] requiring, in the making up of the enrolement, After the expiration of thirty days,' &c. the bill, pleadings, and papers, filed in the cause' to be attached, &c. has been amended The bill, pleadings, and such other papers filed in the cause, as the Chancellor shall from time to time, by general rules direct,' must now be attached, together with the taxed costs and engrossed copy of decree,&c. as before required, and together with a brief statement or abstract, to be prepared in such form as the Chancellor shall direct, and in no case to exceed five folios, of the proceedings from time to time had in the cause'. (c) Previously to this amendment, the following additional rules of court had been adopted, viz. : Party apply. ment to see nished. When a final decree is entered in a cause, if all the ing for enrol- pieadings and other papers, which by law are to be that papers annexed to the enrolment thereof, are not in the office and bills of where the decree is entered, it shall be the duty of the costs are fur- party upon whose request the decree is eurolled, to apply at the proper office or offices, and have such pleadings and papers transmitted to the office of the register, assistant register, or clerk, where such decree is to be enrolled; it shall also be his duty to see that the necessary taxed bills of costs are furnished, to be annexed to the decree on enrolment. (d) The several Officers to transmit pa pers for en rolment. (6) Minthorn's Executors v Exe- Sess. 53. p. 393.) |