1788-01-15 (static/transcriptions/1788/01/116.jpg)
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time. They could have no consideration of the costs upon the writ of error, and therefore let the master tax the Plaintiff such costs as he would have been intitled to in the court below; but as to costs upon the writ of error in this court, he can have none.
In this case there has been no fault in the Defendants and in such case they shall not pay costs.
3 P: Wms 174
And in same book 205 Chacr says I will never consider a man to pay costs for using a right the law gives him which I conceive to be strictly the Case before the Court.
Mr. Jas Dunkin on the same side observed that the Day is now far advd and wished to be heard to morrow.