McAdam, Ch. J.
The costs originally imposed as a condition of granting the favor then applied for, were allowed by way of penalty for the default suffered and are not to be deducted from the taxable costs to which the successful party ultimately becomes entitled (Cohn v. Husson, 13 Daly, 334, at p. 338; aff’g 3 How. Pr. N. S. 130). As the successful party is entitled'to afee for each trial, the $30 should not have been disallowed.
Retaxation ordered.