
    Kenney against Van Horne and Clarkson.
    On an appeal from the taxation of the costs in this cause, by the clerk, Pendleton, for the defendants, contended, that the expenses of certain commissions taken out to examine witnesses, on the part of the plaintiff, and not réturned, ought not to be allowed. He also objected to the taxation of the copies of the cases, charged by the plaintiff’s attorney, as it belonged to the attorney of the defendent to make up the cases, and there was no necessity for the attorney of the plaintiff to prepare them, as they were, in fact, prepared on the part of the defendants.
    Costs. — -What costs are allowed on suing out a commission to examine witnesses Cases made for the argu nent of a cause are not taxable under the act for regulating fees, &c.
   Per Curiam.

After examinining the act for regulating fees> &c- we are of opinion, that the costs of suing out the commissions, such as the affidavit, notice, and motion, drawing, engrossing, and sealing the commission, &c. may be taxed ; but the expenses of executing the commission, not being within the provisions of the act, are not to be allowed. The preparing or making up of cases for argument in a cause, is not comprehended among any of the particular services specified in the act. And unless it comes within some one of the services provided for by the act, it cannot be taxed. 
      
      
         Laws of N. Y. vol 2 p.66
     