186. Jan. Term-fee, cause on calendar and not tried.

(Or, if so, "postponed by order of court"),
A similar fee for each term, not exceeding five.

June. Trial-fee, issue of law

Trial-fee, issue of fact

Defendant appealed to general term.
Costs before argument

Term-fees as above, not exceeding five.
Argument

Term-fees as above, not exceeding five.

Argument

50 00

Defendant appealed to Court of Appeals.
Costs before argument

DEFENDANT'S COSTS.

Vary from the above, as follows:

Proceedings before notice of trial, $10 only, in all cases, and no allowance for additional defendants served.

Allowances the same in other respects, and bill may be drawn in same manner, mutatis mutandis.

If any interlocutory costs be payable by either party, under special direction of the court, proceed thus:

Costs of motion to change venue, ordered to abide event of suit
Insert any similar items of surcharge, if any exist, specifying their

nature.

10 00

DISBURSEMENTS, AS UNDER:

Affidavits. (Give number, 123 cts. each.)

Acknowledgments (if security given).

(State amount paid commissioner of deeds.)

Postages-give amount.

Advertisements (if service by publication, as paid).

Witnesses, days each (50 cts. per diem each witness).

One witness, A. B., from

, in county of

days.

miles (at 8 cts. per mile), going and

[Insert a separate item for each witness, or class of witnesses.]

Paid jurors' fees (in country, 25 cts., in New York and Albany, 12 cts. each juror).

Paid clerk, fees on trial and judgment, $1 50 (or $2, if salaried

officer).

Do. For certified copy of order (5 cts. per folio of 100 words).

Do. Do. For return on appeal (same rate).

Transcript, 6 cts.; filing, 6 cts.

Paid Printer's bill for Case, on, &c.

Paid Sheriff his fees, as under:

For serving complaint (if served, $1), and 6 cts. per mile going only.
See Vol. II., p.

Do. Fees, Cause on Circuit calendar,

Do. Do.

Execution, 69 cts.

terms (50 cts. per term).

Entering satisfaction, 12 cts. If transcript required, charge in addi

If losing party entitled to any deductions, proceed thus:
Deduct costs, directed to be allowed to

Costs of

as follows:

term, 186; trial postponed on that condition.

(Insert any other similar items, as for inquest set aside, &c., to a deduction in respect of which the losing party may be entitled.)

Interest on $

Total costs

10.00

CVI.

AFFIDAVIT OF DISBURSEMENTS.

Vol. II., § 338 (h); Code, § 311.

To be subjoined to bill of costs.

County of X. ss. A. B., attorney for the plaintiff in this action, being duly sworn, saith, that the disbursements charged in the foregoing bill of costs of the plaintiff in said action, have been actually and necessarily made, or will be neces sarily incurred therein.

Sworn, &c.

If witnesses' fees are charged, add:

A. B.

And deponent saith that the following persons necessarily attended as witnesses on the part of the on and previous to the trial of this action, and that the following sums were paid to them respectively, for such their attendance respectively, and for travelling fees allowed by law, and that the distances hereinafter specified were respectively actually travelled, by such of them, the said witnesses, as respectively reside more than three miles from the place of their

attendance.

To the witness A. B., for 6 days' attendance on (state days),
To the witness C. D., for 6 days' attendance on, &c.,

Do.

for travelling fees from C., 100 miles distant, 200 miles travelled, going and returning,

$3.00

$3.00

$8.00

N. B.-4 cents each way, making in the whole 8 cents for mile of actual distance. See 2 R. S., 643. And so on, giving particulars as to each witness.

CVII.

NOTICE OF ADJUSTMENT OF COSTS.

Vol. II., § 253; Code, § 311.

Serve copy of the bill of costs, and subjoin the following notice:

Take notice, that the costs of the plaintiff in this action, of the items of which the foregoing is a copy, will be adjusted, and the amount thereof inserted in the entry of judgment herein, by the clerk of this court, at his office in the City Hall of the city of X., on the

, 186, at

o'clock in

day of

A. B., Plaintiff's Attorney.

CVIII.

NOTICE OF MOTION FOR ADDITIONAL ALLOWANCE.

Title, &c.

Sir:

Vol. II., § 337.

on

the

Please take notice, that upon the pleadings and proceedings in this cause, a motion will be made before this court, the Hon. J. H., one of the justices thereof, presiding, at , in the city of day of instant, at A. M., that an allowance be made to the plaintiff, in addition to his costs in this action, in pursuance of the provisions of sec. 308 of the Code of Procedure.