
    CONSTITUTIONAL COURT,
    COLUMBIA,
    NOV. 1804.
    Lesly v. Burford.
    The expenses of phain carriers in making a survey of lands, under a ruis pf court, although made in an action wherein the title to the lands was ' in dispute, cannot be taxed in the costs of the prevailing party.
    A question was submitted to Waties, J. in Pendleton district,re, Jative to the costs in this case, whether the expeusps of chain carriers, in making a re survey of lands qnder a rule of court, in an action wherein the title of the lands was in dispute, shall he included in the bill of costs of the party prevailing in the suit. Waties, J. decir ded in the affirmative. The motion in this court was to reverse that decision.
   The Court

(all the judges present)

were of opinion, that the expenses of chain earners could not be admitted in the taxation of costs; but the expenses of re-surveying must be borne by the par? ties making the same, respectively,

Motion granted.  