
    Rice vs. Turner.
    Sparta,
    September, 1830,
    The clerks of the different courts in th¡3 State have no right to tax a fee of fifty cents for copying the bill of costs on an alias execution.
    
    
      
      The editor of the Sparta Recorder, who has published this case, states, that the court intimated an opinion that a writ of error would not lie to the decision of a circuit court in relation to the taxation of costs, and that the opinion was merely given for the information ol clerks on this point. At Jackson (May term 1832) in the case of Harder’s heirs vs. Stanly’s heirs, the court reversed the decision of the chancellor, because he admitted, after he had pronounced his decree, a witness to be examined viva voce, for the purpose of regulating his discretion in the taxation of the costs, and taxed the costs accordingly.
    
   Opinion of the court delivered by

Judge Peck.

This cause comes before us on amotion to correct the taxation of costs. The clerk had charged fifty cents for endorsing a bill of the costs upon the execution. His right to make this charge depends upon the act of 1825, ch. 56, sec. 1. That fee bill allows “for every fieri facias forty cents.”

Remote from the above, in the same section, we have this item — “for making out a complete taxation of the costs in each suit fifty cents.” This is allowed for the . labor of making out an estimate, item by item, of the costs of suit for the execution docket. The endorsement of that on the execution, is not the duty contemplated by the last recited provision of the act. That the copy of the taxation of the cost on the back of the execution, in contemplation of law, makes a part of it, is we think made plain by the act of 1794, ch.-sec. 75. (court law.) There are two other acts containing, in substance, perhaps in words, the same provison.

The charge of fifty cents for endorsing a copy of the taxation of costs upon the alias execution, must be disallowed.  