413

Case No. 13,619.

The SUNNYSIDE.

[5 Ben. 162.]3

District Court, E. D. New York.

May, 1871.

COSTS—WITNESS' FEES.

A witness, subpœnaed at the place of trial on the day on which he is required by the subpœna to attend in court, is not entitled to travel fees to and from his place of residence. If not so subpœnaed, he is entitled to such travel fee.

In admiralty.

BENEDICT, District Judge. The only question raised by the appeal, which is taken from the clerk's taxation of costs, is whether the amount paid the witnesses was a necessary payment in order to compel their attendance.

This question cannot be determined upon the affidavits, as there is an omission to state when and where the witnesses were subpœnaed. The affidavit may be amended, I however, and the bill thereupon relaxed by the clerk, who will allow the sums actually paid each witness as travel fee, at the rate of five cents per mile from his place of residence and five cents per mile for returning thereto, and not exceeding one hundred miles, unless it appears that the witness was subpœnaed at the place of trial on the day on which he was required by the subpoena to attend in court. A witness, so subpœnaed, is not entitled to receive a travel fee for coming to the court.

3 [Reported by Robert D. Benedict, Esq., and here reprinted by permission.]

This volume of American Law was transcribed for use on the Internet
through a contribution from Google. Logo