
    Den v. Chapman.
    The application to the court to re-tax a bill of costs must be made at the next term, after the bill is taxed by the clerk and payment thereon demanded. But the re-taxation may be made at that or any subsequent term according to circumstances.
    On a question of a re-taxation of costs, White and Wood for the plaintiff insisted that the re-taxation as well as the application therefor must be made at the next term after the bill of costs is “ so taxed and payment thereon demanded.” Rev. Laws, 493, see. 5 : and that notice of the application ought to be given.
   By the Court.

The application must be made to the next term, but the re-taxation may be made at that or some subsequent term according to circumstances. Notice of tbe application is not required by the act; but the court will take care that the one party shall not bo taken by surprise and the other shall not use the privilege of re-taxation for the purpose of delay.  