
    Bank of Niagara vs. Austin.
    Decisions as to costs.
    
    On a motion for retaxation of costs, the following directions were given to the taxing officer by the Chief Justice :
    A plaintiff is entitled to an allowance of two counts in his declaration on each cause of action. 2 R. S. 653, § 5.
   Counsel fee, attending prepared either to try cause or argue case, is a proper charge when the cause is noticed by either party.

Attorney's fee, attending prepared to argue a case, is not a proper charge when the case is not argued, except when the attendance is pursuant to notice from the opposite party.

A foreign witness, subpoenaed at the place of trial, is not entitled to travelling fees.  