Lockwood v. Fox

This is an appeal from an order of the special term taxing referees’ fees at fifty dollars. The action was brought to foreclose a mortgage, and was settled by the parties after advertisement and before the sale. It is apparent, from examination, that referees’ fees must be taxed, under chapter 569 of the Laws of 1869, as amended by chapter 192. of the Laws of 1874, unless a change has been made by the provisions of the Code of Civil Procedure (Schermerhorn agt. Prouty, 80 N. Y., 317). There was no direct repeal of the specified enactments by the repealing acts. The statute of 1869, being a…