
    CONSTITUTIONAL COURT, COLUMBIA,
    NOV., 1814.
    Nicklin, et al. v. Hugh Morrow.
    A surveyor is compelled by law to make his return the first court; but no provision is made for his attendance afterwards. Therefore, in such cases, as in all others, if the party wish the surveyor to attend the succeeding courts, he ought to have him subpcened: otherwise, he cannot claim costs for his attendance.
    The plaintiffs had commenced a large number of actions of trespass to try titles, and Hugh Morrow had been nominated surveyor, on the part of the several defendants. The plaiutiffg had discontinued their suits ; and for the surveyor; the clerk had taxed costs in each case for his services as surveyor, and for each day that he had attended court, although he had attended without any subpoena. The motion in the court below, was to strike out of the tax bill, the •sums allowed for his attendance at court, which the presiding judge, Nott, ordered to be done. This motion is made on the part of Hugh Morrow, the surveyor, to set aside that order, and to have his costs taxed for his attendance as a witness in each case, although not under subpoenas.
    Yancy, for the motion. Simkins, contra.
    
   Smith, J.

The law authorizing the appointment of surveyors, in cases to try titles to land, says, the surveyor shall give in his re-' turn, on oath, at the next court; but makes no requisition for his attendance afterwards. Therefore, in such cases, as in all others, if the party wishes the surveyor to attend the succeeding courts, he ought to have him under subpoena, otherwise he cannot claim costs for his attendance. I am, therefore, against the rule-

Colcock, Bay, and Bkevaed, Js., concurred.  