
    Smith vs. Martin.
    A party against whom an execution has been issued, and whose property has been advertised for sale, is not liable to pay the expense of the continuation of the advertisement after an order to stay proceedings made to enable him to move for a new trial; it is otherwise when the order is to stay until the determination of a special motion.
    Motion for re-taxation of costs. A new trial was granted on payment of costs. In the bill of costs were taxed the sheriff’s fees for continuing the advertisement of the sale of the defendant’s property under the execution issued in the cause, subsequent to an order to stay proceedings on the execution until the decision of the court on a case made for a new trial.
   By the Court,

Nelson, J.

[591] Where proceedings are stayed upon an execution until the decision of a non-enumerated motion, and the motion is denied, and the advertisement has been continued in the mean time, the party against whom the process issued is liable to pay the expense of the advertisement; but he is not so liable where the proceedings are stayed for the purpose of enabling the party to move for a new trial on a case made. Let there be a relaxation of the costs.  