
    
      Ex parte Forgy M’Cleland.
    Costs not allowed for a defence to a petition in Chancery. [*412]
    Newberry, July, 1833. This was a petition praying compensation for the board of certain minors, of whom the defendant, Budd, was guardian. The petition was resisted, and on the hearing before Chancellor De Sausstjee, dismissed with costs. In taxing the costs, the Commissioner refused to allow costs to the defendant’s solicitor, for filing the answer and making the defence. On appeal to the Chancellor, he ordered the costs to be taxed; and an appeal was taken to this Court.
    
      Caldwell and Fair, for the motion.
    
      Dunlap and Summer, contra.
   Johnson, J.

None of the acts of the legislature regulating the fees of the officers, make any provision for a defence to a petition in the Court of Chancery, and however meritorious the claim may be, the Court has no authority to regulate it. Costs are not allowed by the common law, and whoever claims to charge them, must put his finger upou the Act which allows it. The order of *the Circuit Court, directing that ten dollars should be taxed as costs, is therefore reversed, and the motion in behalf of the defendant is dismissed.

O’Neall and Harper, Js., concurred.  