
    The People, ex rel. Green, against The Judges of the C. P. of Oneida County.
    Mandamus C. p. commanding them to vacate a rule is a now suit; fondant*succoeding, they retaining fee taxed against the relator.
    An alternative mandamus issued to the defendants, commanding them to set aside a rule made by the Oneida Common Pleas. On their rotura, a peremptory mandamus , _ , , . . . _ was denied; and on taxing costs, the commissioner allowed retaining fee against the relator.
    A motion was now made to retax the bill, on the ground ^Iat this and other items in the bill were improper.
    R. N. Morrison, for the motion.
    
      T. E. Clark, contra.
   Curia.

The retaining fee was properly taxed. This is in no sense a mere continuation of the cause below,, but a new suit.

Motion denied.  