The New York herald., 1867-06-22
surEsms Coua1-CaAxsssS.
The Taxation of Costs set Aside md Re
taxation Ordered.

taxation Ordered.
Before Judge Ingraham.
~ ne Er'ension II Charrh sf,esNr Jusiice Incra
ham, at Chambers. in the OF the appeal from the
taxation Of costs in this case which amounted 10 the
modest sum OF sst 0Oc yesterday rendered decision
setting aside the taxation and ordering the be
reaxed. Tho following is the opinion in the case:
1SeRAHAx, i'll It objected thai this taxation is by
the Z ERIK IL this were question should feel
unwilling 70 hold that taxation by the Clerk was a
compliance with tho statute which requires the duty
he done by the Court II me that VIII ere the
statute imposes duty tho Court the performance OF
thai duty cannot be transferred the Clerk should
bo performed by one or more OF the judges In court ami
that the act - not complied with wheu such taxation
made by any oiccr out OF court, not by justice
Of the court But the taxation bv the Clerk per-
formed under rule made BY the ius,ices immed stey
after the passage Of the law and since been acqn.
esced 10, feel some hesitation In expressing any opinion
10 the contrary IN ts case. especially the whole bill
OF costs has now been brought before ap-
peal 2 II objected that the charge for drafting the
report and for two copies st the rate allowed in the old
Tee bi FOR attorneys charges for drafting and copying
papers. is Improper and should be allowed u Is
not claimed tha, tns charge is made by the counsel
on several ocas previous TO 1855 this charge
held 70 be proper charge, whether made TO the
sci while he could charge for services made by
a counsel employed by The Commissioners and the
charge Of twenty-five cents per folio for drafting, and
twelve and bali cents Tor copying was sunc0ncd and
approved by the General Term, in February 1850 In
1854 chapter 49, " was provided that cost, Ices or
charges should be allowed 10 the counsel Of the Corpo
ration for the performance Of the services duties
fcVufeu oi ulm lot opcnins, eNcn NlnE NC, any
Streets in the city Of New York, aud giving lieu
thereof an annual salary 20 him as his compensation
therefor The act reserved 70 the counsel the right 70
such charges Tor all services rendered before January
1885, and provided that all proceedings pending January
1885, should be taxed by the clerk the usual rates
theyetofore taxed and allowed for similar services This
only applied to services rendered In proceedings com
menced prior 70 January l, 1855, and contemplated
that the services charged for before BY the coun-
sci should be performed under his direction BY
clerks 70 be employed by him. and The duties 10 be per-
formed by the Commissioners we're 70 be DISCHARGED
under thor direction by clerks 10 be employed by them
For these purposes the clerical force IN tho counseis
Office has been largely increased by approprsatng
large sum Tor clerk nre and the Commissioners have
authority 70 employ necessary clerks under them. Ia
the present case 100 charged Tor three clerks aud
seems 10 be not in accordance with these statutory
provisions TO addition the full charges heFstofors
allowed TO the Counsel OF the Corporation for hts com
peusation for the services thus rendered The same act
provided that the counsel should fees costs
charges for any whatever In the proceedings
for taking the lands for Central Park, &c A the law
nov " Ia force Is evident that charge for drafting
and copies Of report capuot be allowed The Cou0*