Collins

This was a special proceeding in the superior court to condemn lands of the defendants for the widening of Mission Street in said city, in which judgment passed for plaintiff.

The appeal by the defendants is from an order apportioning the costs between the parties. Each party claimed costs and filed a verified memorandum of the items thereof. The items of plaintiff’s memorandum are as follows: —

WITNESS FEES.

WITNESS FEES.

Besides objecting generally to plaintiff’s cost bill on the ground that plaintiff was not entitled to recover any cost, the defendants filed special written objections to each item thereof on various other grounds; but no objection appears to have been made by plaintiff to any item of defendant’s bill, on the ground that it had not been necessarily expended or incurred by defendants in the proceeding.

It appears that on the morning of each day during the trial, each party, in obedience to a rule of court, deposited with the clerk the full amount of the fees of the reporter and the jury for one day, viz., $34; and, at the close of the trial, occupying thirteen days, the deposits of each party amounted to $442.

The order of the court appealed from was, in…