1786-01-23 (static/transcriptions/1786/01/149.jpg)

31)

With regard to costs Mr. Dunkin v Salk – 194 Tit: Costs & Ld Ram: 992. infers that none can be given.
qu. v.
On looking these cases it was found that both were antecedent to the Stat: 4 Ann C:16 which after allows Deft to plead sevl mres says sect: 5 that “if any such matter shall upon demurrer be judged insufficient Costs (a | 28 Mar: 1786) shall be given at the discretion of the Court &c. On a subsequent (a) day Mr. Yonge on the same side with Dunkin quoted Douglas Rep: 652 Butcher & Green note 2. And Cooke v Sayer in 2 Burrow 753 but the Court determined that the Plf must have costs on the Dem: by the express words of Stat: 4 Ann: & did not think Mr. Douglas’s doubt in that note well found.
Qu: what can be meant by the words at the discretion of the court in the Stat: quoted?