By the Court,
Sutherland, J.A district attorney is entitled to the allowance claimed in this case only when the attorney general attends the oyer and terminer on the requirement of the governor, of a judge of this court, or of a circuit judge. It is true, the supervisors have not the power to tax the bill of a district attorney; they must either make provision for its payment, or require a re-taxation. In this case, the facts appearing, no re-taxation is necessary.
Motion denied.