Burnham

delivered the opinion of the court. Heydenfeldt, Justice, concurred.

Upon an examination of this case, on rehearing, I am satisfied that the decision heretofore rendered by this court by my associates was correct, and should be adhered to.

The court below, in allowing the plaintiff to amend his bill of costs, and the affidavit accompanying it, exercised a legal discretion which it was competent for it to do, by virtue of the 68th section of the Practice Act, and the defendant cannot say that such discretion was abused, inasmuch as it resulted to his benefit by the reduction of the amount of charges against him. Nor can it be said that the allowing of such amendments was an enlarging of the time fixed by statute for the delivering of the memorandum and affidavit to the clerk. The original memorandum and affidavit were delivered within the time specified, and the filing of the amendments related back to the time of filing the originals, of which they merely formed a part. This was not an enlarging of the time such as was contemplated by the de *119 cisión in the case cited from 5 Wendall, and therefore the rule in that case does not apply.

If the original affidavit was a nullity,…