
    Jackson, ex dem. Kincard, against Scott.
    Albany,
    August, 1810.
    So fees for attendance and travel of witnesses can be taxed without vit° o^the^ae- and travei!danCe
    z. r. SHEPHERD, for the plaintiff, moved for a retaxation of the costs, in this cause, which had been tax'» . . . „ . c ed, on a motion for judgment as m case ot a nonsuit, tor not proceeding to trial; on the ground, that the witA nesses’ fees were unjustly charged.
    
      Skinner, contrav
   Per Curiam.

The motion must be granted, and on the retaxation, no fees for witnesses are to be allowed, with~ut proof, by affidavit, to the satisfaction of the officer .taxing the costs, that the witnesses charged did attend and travel for the time to be allowed.

The Court also said, that after the first day of the next term, no fees for witnesses should be taxed in any .cause, without proof, by affidavit, of their attendance and travel.

Rule granted.  