Foster v. Hayward

Opinion of the Court, by

Frear, J.

The question presented by the exceptions is whether the Circuit Judge erred in taxing against the plaintiff the costs incurred under a commission issued at the instance of the defendant for the examination of certain witnesses in Sydney, New South Wales.

The statute expressly provides that costs of this nature shall be costs in the cause (and therefore follow the judgment which in this case was for the defendant) unless otherwise directed by the judge who orders the issuance of the commission or who tries the case, or by the court in which the action is…