
    Youngs against Van Schaick.
    In assumptabeas^corpus fr°m may\ Albany, to the ¿he plaintiff is 1 court costs> where he recovers more than $50, though less than $250.
    Assumpsit, commenced in the Mayor’s court of the city of Albany, where the plaintiff declared for $800; and the defendant removed the cause into this court by habeas corpus. The cause being here referred ; and the referees having reported $144 21 for the plaintiff, he clamed the ta.xation of Supreme Court costs before the commissioner, Judge L’Amoureux, who asked the advice of this court, whether they should he taxed at the Supreme Court or Common _, , , Pleas rate, upon the stat. 111. L. 344, sect. 4.
    
      W. Esleeck, for the plaintiff.
    
      I. T. B. Van Vetchen, for the defendant.
   Curia.

The plaintiff is entitled to Supreme Court costs.  