taxing costs

TAXING COSTS, practice. The act by which it is ascertained to what costs a 
party is entitled. 
     2. It is a rule that the jury must assess the damages and costs 
separately, so that it may appear to the court that the costs were not 
considered, in the damages; and when the jury give costs in an amount 
insufficient to answer the costs of the suit, the plaintiff may pray that 
the officer may tax the costs, and such taxation is inserted in the 
judgment: this is said to be done ex assensu of the plaintiff, because at 
his prayer. Bac. Ab. Costs, K. The costs are taxed in the first instance, by 
the prothonotary or clerk of the court. See 2 Wend. R. 244; 1 Cowen, R. 591; 
7 Cowen, R. 412; 2 Yerg. R. 245, 310; 6. Yerg. R. 412; Harp. R. 326; 1 Pick. 
R. 211; 10 Mass. R. 26; 16 Mass. R. 370. A bill of costs having been once 
submitted to such an officer for taxation, cannot be withdrawn from him and 
referred to another. 2 Wend. R. 252.