WOOSTEB 2:. EANDY. 49
WoosTER v. HANDY. (No. 1.)
SAME 2:. SINGER MANUF’G Co. or NEW Yom:. (N0. 2.) V
SAME v. HowE MACHINE Co. (N0. 3.)
SAME v. Wrnncox & Gnnss SEWING-MAcII1NE Co. (No. 4.)
SAME v. DOMESTIC SEWING-MAcn1NE Co., impleaded, etc. (N 0. 5.) .
» SAME v. Sc1IENo1<, impleaded, etc. (No. 6.)
SAME v. SINGER MANUF’G Go. OF NEW JERSEY. I (N0. 7.) A
SAME ·v. BARKER. (No. 8.)
SAME ·v. TnoRNToN and others. (No. 9.)
SAME v. BLAKE and others, impleaded, etc. (No. 10.)
VA (Oircuit Oourt, S. D. New York. February 16, 1885.)
1. EqUiTY .Pl{AC'DlCE~COS'PS—FlNAL HEARING IN EQUITY on 1KDMIRALTY—-SEC-
TIoN 824, ltEv. ST.
To constitute " a final hearing in equity or admiralty," within the meaning
of section S24, there Inust be a hearing of the cause on its merits; that is, a sub-
mission of it to the court, in such shape as the parties choose to give it, with 21
view to a determination whether the plaintiff or libelant has made out the case
stated by him in his bill or libel as the ground for the permanent relief which
his pleading seeks, on such proofs as the parties place bel`ore the court, be the
case one of pw confesso, or bill or libel and answer, or pleadings alone, or plead-
ings and proofs. V
2. SAME——SEVERAL TRIAI1S—DOOKET FEE. .
The statute does not forbid the allowance of a docket fee on or for eaclrtrial
before a jury, where there is a verdict, or on or for each linal hearing in equity
or admiralty, if there are two or more final hearings, such as are above de-
Ened, in the same cause.
3. BAME—DEPOSI1'lONS ADBIITTED IN EVIDENCE BY STIPULATION—T.AXABLE FEEs.
Where, on the hearing of one of several suits heard at the same time, brought
by the same plaintiff against different defendants, for the infringement of the
same patent, the depositions of a number of witnesses, taken in others of said
suits, are admitted in evidence by virtue of a stipulation that all the evidence
taken for the final hearing on both sides, in the other suits, may he read on the
final hearing herein with the same force and eifect as if taken herein, a solic-
itor’s fee of $2.50 for each deposition in each one of the cases is not taxable.
4. SAME-•COPIES or- PAPERS.
Copies of papers obtained for use on interlocutory or preliminary or inci-
dental motions or hearings are not obtained for use on trials, within the mean-
X ing of section 983.
6. SAME—TRAvEI.ING EXPENSES OF MESSENGERS AND ATToRNEYs.
The traveling expenses of attorneys to take evidence and attend court, and
the expenses of messengers, are no part of taxable costs. Such expenses were
never taxable before or since the act of 1853.
6. SAME—MACHINE Exirisrrs.
The expense of copies of models in the patent-office, properly procured for
use as a part of the evidence in the suit, may be allowed for as part of the tax-
able costs; but the expense of other models and machines are not allowed to be
so taxed.
7. SAME-PHOTOLITHOGRAPHIC ExI~IIEITs.
Photolithographic exhibits, not being drawings from the patent-orltice, but
sketches introduced by witnesses in giving their evidence, fall under the rule
as to machine exhibits, and are not taxable as costs.
v.23r<·,no.2—4