Kummeth

This is a motion to tax costs in an original proceeding in this court for a writ of mandate. A demurrer to the petition was sustained and the peremptory writ was denied. All the items specified in the memorandum of costs filed therein include and relate to disbursements made on the taking of depositions of several witnesses on behalf of respondents.

It is well settled that the right to recover -costs is a matter of statutory regulation and, in the absence -of a statute, no costs can be recovered.by either party. (Williams v. Atchison etc. Ry. Co., 156 Cal. 140 , [ 134 Am. St. Rep. 117 , 19 Ann. Cas. 1260, 103 Pac. 885]; Bond v. United Railroads of San Francisco, 20 Cal. App. 124 , [ 128 Pac. 786 ].)

Sections 1022 and 1033 of the Code of Civil Procedure authorize the recovery of costs in a case like this, and the expense of taking a deposition, if necessarily and legally incurred, is within the contemplation of said provisions. (Naylor v. Adams, 15 Cal. App. 353 , [ 114 Pac. 997 ].) But, to make the expense in taking it chargeable against the losing party, the deposition must, of course, be authorized by the statute. As to that the particular provision of the law applicable here…