It does not appear from bis order, or from tbe record in this appeal, that tbe judge who beard defendant’s motion that tbe clerk be directed to retax tbe costs in this action, found tbe facts upon which be denied tbe motion. In tbe absence of such finding, we are unable to determine whether or not there was error in tbe order from which defendant has appealed to this Court.
It appears from tbe case on appeal certified to this Court that tbe clerk included in tbe costs fees for 12 witnesses, and that only 5 of these witnesses attended tbe trial under subpoenas duly issued by tbe clerk. C. S., 1284. Only 4 of these witnesses were called and examined at tbe trial by tbe solicitor for tbe State. It does not appear that tbe other witnesses were tendered by tbe solicitor to tbe defendants for cross-examination, or that tbe trial judge made any order with respect to tbe fees of any of tbe witnesses for tbe State, or that tbe solicitor gave to any of these witnesses certificates as required by C. S., 1287.
On tbe present record it cannot be determined whether or not there was error in tbe order denying defendant’s motion.
*791It is therefore ordered that the action be remanded to the Superior Court of Polk County, with direction that the judge presiding in said court hear such evidence as may be offered at a rehearing of defendant’s motion, and find therefrom the facts which are pertinent to an order disposing of said motion. Upon the facts so found by him, the said judge shall allow or deny defendant’s .motion in accordance with his opinion as to the law applicable to such facts. The costs of this appeal shall be paid by the State.
Eemanded.