
    The People ex rel. Robert Lee et al., Resp’ts, v. Village of College Point et al., App’lts.
    Sup. Ct. 2 D.
    July 26, 1895.
    
      John J. Gleason, for app’lts ; O. B. Gould, for respt’s.
   Dykman, J.

— This is an appeal from an order of the special term reversing: the taxation of $50 as costs to the defendants, which was allowed by the clerk. The proceedings was by eertiorcvri, and the only question presented by the. appeal now before us is whether, under the order of the general term confirming their proceedings, with costs to be taxed, the defendant could include in its bill of costs the sum of §50. That sum was allowable in the discretion of the court, but, as that discretion was not exercised, the defendant acquired no right to insert the same in his bill of costs. The order should, therefore, be affirmed, with $10 costs and disbursements.  