Brown v. Mathes

By the court. It has long been settled, in this state, that referees have, if not restricted, authority to award costs. 16 Mass. Rep. 396, Buckland v. Conway; 2 ditto, 164, Nelson v. Andrews; 5 Mass. Rep. 139, Whitney v. Cook. It is not quite clear, that the statutes, which limit the costs to be recovered by a plaintiff in certain cases, apply to causes submitted to referees. 7 Mass. Rep. 467, Moore v. Heald. But however that may be, this is not a case in which the costs are to be limited, because the title to real estate was evidently in question between the parties in this cause.