
    James R. Wright, App’lt, v. Guillaume Reusens, Impl’d, Resp’t.
    
      (Supreme Court, General Term, Second Department,
    
    
      Filed July 2, 1891.)
    
    1. Costs—Mechanic's lien—Additional allowance.
    An additional allowance under § 3252 of the Code cannot he granted in an action to foreclose a mechanic’s lien. Such action does not fall within the description of an action to determine a claim to real property.
    8. Same—Teem pees.
    Term, or calendar fees, are not taxable for the Westchester Saturday special term, as such term has no calendar.
    3. Same—Disbursements—Referee’s report.
    Charges for copying the report and opinion of the referee in a lien foreclosure are not taxable as disbursements.
    4. Same—Witness fees.
    Charging a witness as an expert, in the absence of proof, will not increase the witness fees beyond the general rate for other witnesses.
    
      Appeal from order affirming taxation of plaintiff’s costs. Action to foreclose a mechanie’s lien. The clerk on taxation disallowed the following items contained in plaintiff’s bill of costs:
    For cause on special term calendar, May 25, 1889, and adjourned by defendant......................... $10 00
    For cause on special term calendar for June 1,1889, and not disposed of................................ 10 00
    Application for order of reference at a special term of this court, June 15, 1889, to appoint Isaac N. Mills, Esq., and order of reference, June 15, 1889......... 10 00
    Order for judgment............................... 10 00
    Order for final distribution per judgment............. 10 00
    Order confirming referee’s report of distribution of proceeds per judgment............................. 10 00
    Ten per cent upon two hundred dollars, plaintiff’s recovery ............ 20 00
    Five per cent upon four hundred dollars additional, plaintiff’s recovery........ 20 00
    Two per cent upon one thousand dollars additional, plaintiff's recovery.............................. 20 00
    Plaintiff’s Disbursements.
    For making copies of referee’s report and opinion, fifty-one folios, at five cents per folio (typewritten) to be served upon Billings & Oardozo, defendant’s attorneys ......................................... 2 55
    For do. to serve upon Travis & Smith, defendant’s attorneys ......................................... 2 55
    Do. for sendee upon O. W. Horton, defendant’s attorney ........................................... 2 55
    Do. plaintiff’s attorney to keep and file............... 2 55
    For copies of judgment, 35 folios, 5 cents per folio, to serve upon Billings & Oardozo, Esqs.............. 1 75
    Do. on 0. W. Horton, attorney..................... 1 75
    Do. on Travis & Smith............................ 1 75
    Do. for plaintiff’s attorney to keep and file............ 1 75
    Do. for referee to sell............................. 1 75
    Disallowed on costs....................... $120 00 “ on disbursements............... 36 35
    Total............................... $156 35
    
      Silas J. Owens, for app’lt; Michael H. Cardozo, for resp’f.
   Barnard, P. J.

—The statute fee of sixty dollars as an allowance additional to the costs, under § 3252 of me Code, was properly refused. An action to foreclose a mechanic’s lien is not mentioned in that section, and it does not fall within the description of an action to determine a claim to real property. That section has a definite meaning, and refers only to proceedings directed to the end that a party should assert his claim to a title to land or be barred.

The calendar fees for the special term were not taxable. The Saturday special term in Westchester county has no regular calendar I infer from the decision. The papers do not show the contrary. The motion fees rejected were improper. No order is shown by which the motion fee was given directly or provisionally.

The charge for copying the report and opinion of the referee was not a legal one nor the copies of notices of lien.

The Code fails to allow anything therefor, and such charges must be deemed to be within the general costs which are given upon a trial and which were allowed by the clerk.

Charging a witness as an expert, in the absence of proof, will not increase the witness’ fee beyond the general rate for other witnesses.

The order should, therefore, be affirmed, with costs and disbursements.

Pratt, J., concurs; Bykman, J., not sitting.  