Court of Middlesex,b takes away the plaintiff's costs, and awards double costs to the defendant; but its provisions do not apply to an attorney when suing as a plaintiff, or being sued as a defendant. The defendant must, at the commencement of the action, have been resident within the county,f although the plaintiff need not; and it is also necessary that the cause of action should have arisen there h In such cases it applies, though the amount of the plaintiff's demand is reduced by a point of law merely, and also to cases tried upon a writ of trial.j Under the acts relating to the Tower Hamlets,k and the hundred of West Brixton, the course is, to apply to deprive the plaintiff of his costs; and the place of his residence is notm material. Under the Blackheath Act" the defendant is entitled to his costs; and so also under that for the city of Westininster; but in this latter case there must be a plea in bar 9 as to the jurisdiction. [32.] 4. In an action of "waste," or in an action " on b 23 G. 2, c. 33; Mansel on County Courts. c s. 19. d Johnson v. Bray, 2 B. and B. 698; 5 J. B. Moore, 622; Dyer v. Levi, H. and W. 640; 4 Dowl. 630; Wright v. Skinner, 1 Gale, 378; 4 Dowl. 745; 1 M. and W. 144. e Gardner v. Jessop, 2 Wils. 42; Wiltshire v. Lloyd, Dougl. 381; Percival v. Cook, 7 Dowl. 500; 5 M. and W. 293. f Crowder v. Bell, 2 Dowl. 508. g Pritchard v. Mc Gill, 2 M. and W. 380; 5 Dowl. 731. h Mc Collam v. Carr, 1 B. and P. 223. i Shaddick v. Bennett, 7 D. and R. 229; 4 B. and C. 769; Wells v. Langridge, 5 Dowl. 509; Cross v. Collins, 5 Bing. N. C. 194. Bailey v. Chitty, 2 M. and W. 28; 5 Dowl. 307. 2 W. 4, c. lxv. 1 31 G. 3, c. 23; and 46 G. 3, c. clxxxviii. Hamley v. Hutton, 5 Dowl. 332; Green v. Bolton, 4 Bing. N. C. 308; 6 Dowl. 434; 5 Scott, 746. n 6 & 7 W. 4, c. 120. • Burton v. Campbell, 6 Dowl. 451; 5 Scott, 582; Pope v. Banyard, 3 M. and W. 424; 6 Dowl. 571; Cross v. Collins, 5 Bing. N. C. 194. P Warne v. Beresford, 6 Dowl. 157; 2 M. and W.848; White v. Seffert, 5 Scott, 744. a Taylor v. Blair, 3 T. R. 452. r Bro. Abr. tit. Waste, pl. 123; Co. Litt. 54; Finch's Law, lib. 1, c. 3, s. 34; Harrow School v. Alderton, 2 B. and P. 86. the case"s for an injury to the reversionary interest; if the damages found by the jury at the trial of the cause, or upon a writ of inquiry, are under "three shillings and four pence," the defendant is, "notwithstanding this finding," entitled to the judgment of the Court in his favour. W [33.] There are certain cases in which, by the enactments of particular acts of parliament, double, and even treble costs, are to be awarded to a defendant, provided he succeeds in the action; and though even upon pleading issues merely; and wherever double or treble damages," are given by any statute, double and treble costs follow thereon, and as of course, and are calculated upon the costs of increase. e. g. Where in replevin, in the case of a distress for rent, an heriot, relief or other service, as for the avowant, or cognizant, upon a nonsuit, discontinuance, or verdict, the costs are "double;" but upon a "non pros" and in other cases of replevin, they are single only. Parish officers, when sued for acts done as to poor rates, are, where there is a nonsuita or other judgment in their favour, entitled to treble costs. These increased scales apply also to special pleas, even, although by some particular act, all special defences are made available under the general issue;c and even where there is a discontinuance,d and though the act of the defendant has misled the plaintiff, as to his proper remedy;e but it does not apply to issues raised as to matters not done under colour of the act or • Gibbon's on Dilapidations and Nuisances, 98. Smith v. Dunce, 2 Stra. 1048; Stanni'and v. Ludlamb, 4 B. and C. 889; 7 D. and R. 484; Hullock on Costs, 484. w 7 Hen. 8, c. 4, s. 3; 21 Hen. 8, c. 19, s. 3; 4 Jac. 1, c. 3; 17 Car. 2, c. 7, s. 2; 11 G. 2, c. 19, s. 22; Gurney v. Buller, 1 B. and A. 670; Johnson v. Lawsım, 2 Bing. 341. × Wilkinson on Replevin, p. 103; Gurney v. Buller, 1 B. and A. 670. z 13 & 14 Car. 2, c. 12, s. 29; Charrington v. Meatheringham, 2 Mee. and W. 288; 5 Dowl. 313. a Ibid. b Gambrell v. Lord Falmouth, 5 Ad. and El. 403. Stiles v. Sir R. Cox, Vaugh. 117. Debney v. Corbett, 5 Dowl. 704. to extraneous matters,fe. g. a motion to change the venue because an impartial trial cannot be had. The rule, where it applies, does so as to one or more of several codefendants who are acquitted. These costs are thus calculated double-the single costs of increase, and also half of them in addition :h treble-the like, and also half of the former half so added ;i but this is only done as to the ordinary costs in the cause. Where there is a non pros, nonsuit, or a judgment as in case of a nonsuit, a judge, on an affidavit of the facts, will order the entry upon the record or writ of trial of a suggestion as to these costs. Upon a verdict, the judge who tries the cause will, if the act requires it, grant his certificate.1 A justice must obtain this certificate as a condition precedent to his demand for double costs under the 7 Jac. 1, c. 5;m but where the act does not so require, these costs may be taxed as if they were single costs only:n and by statutable enactments as to the metropolitan police, and as to poor rates, these costs are to be taxed as between "attorney and client." the " [34.] In taxing costs, the defendant, if they are of general costs in the cause," is bound to serve a notice of taxing upon the plaintiff's attorney; and the remarks before mades with reference to the taxation by f Thomas v. Saunders, 1 Ad. and Ell. 552; 3 N. and M. 572; Wilson v. River Dun Comp. 7 Dowl. 369; 5 M. and W. 89. 8 Hall v. Smith, 2 Bing. 267; 9 Moore, 226. h Smith v. Dunce, 2 Stra. 1048; Stanniland v. Ludlam, 7 D. and R. 484; 4 B. and C. 889; 1 Chit. Rep. 137 a, 139, 141 a. i Hullock on Costs, 484. Kemp v. Richardson, 2 J. B. Moore, 238; Thomas v. Saunders, 3 Nev. and M. 572; 1 Ad. and Ell. 552; and proceedings consequent thereon, as in case of error brought. Francis v. Doe, 7 Dowl. 523; 5 M. and W. 273. k Collins v. Poney, 9 East, 332. 1 Harper v. Carr, 7 T. R. 448; Grindley v. Holloway, 1 Dougl. 307. m Penny v. Slade, 5 Bing. N. C. 469. n Wells v. Ody, 3 Dowl. 799; 1 Gale, 161; Fosbrooke v. Hall, 1 Mee. and W. 205; 4 Dowl. 701. 10 G. 4, c. 44; 1 & 2 W. 4, c. 41. P 4 & 5 W. 4, c. 76, s. 104. Staley v. Long, 5 Dowl. 616; Allenby v. Proudlock, 5 N. and M. 636. R. T. 1 W. 4 (12); R. H. 4 W. 4 (92) ; Edmunds v. Cates, 4 M. & W. 66; 6 Dowl. 667. p. 49. a plaintiff, for the most part also apply here; and where the bill of costs is merely as to pleading issues, it is made out accordingly, and limited thereto.t [35.] Upon formal amendments made by the plaintiff, as of a similiter, (though after a writ of error brought), the defendant has his costs thereon.u [36.] Where a judgment for the plaintiff is reversed upon a writ of error coram nobis or vobis, and for an error in fact; the plaintiff in the error cause is not entitled to any costs in error, but only to his costs in the original action.v [37] On the judgment being wholly satisfied as to the debt and costs, satisfaction may be entered upon the judgment roll:w and when required, the plaintiff may be ruled to enter his judgment.x t Hart v. Cutbush, 2 Dowl. 456; Spencer v. Hamerton, �N. and M. 22; 1 H. and W. 700; but the defendant is entitled to the costs of all issues found for him, though they exceed those of the plaintiff; Milner v. Graham, 2 Dowl. 422; Newton v. Harland, 6 Dowl. 644. "Siboni v. Kirkman, 3 M. and W. 48; 6 Dowl. 98. ▾ Anon. 2 Tidd's Practice, 1244. De Bastos v. Willmott, 1 Hodges, 15. * Engler v. Twisden, 4 Bing. N. C. 714; 6 Scott, 580. [1.] Where a matter is referred to an arbitrator, if there is any authority given to him over the costs,a he may make an award as to the whole, or as to part of then only; and where there is a cause in Court, he has, even without such authority, the like power. "Costs" generally, do not include those of the reference; but costs to abide the event," include those of the cause e and of the reference, and as fixed by the taxing officer.f Where the terms of the reference are, that the costs of the cause shall abide the event of the award, the master will tax the costs on all the issues in favour of the plaintiff, if it sufficiently appear on the face of the award that there is a finding for him on all the counts g And on similar terms of reference, if some issues are found for the plaintiff, and others for the de a Candler v. Fuller, Willes, 62; Murde v. Cox, 1 Cowp. 127; Barker v. Tibson, 2 W. Bla. 953. b Reeves v. M'Gregor, 1 P. and D. 372. Roe d. Wood v. Doe, 2 T. R. 644; Whitehead v. Firth, 12 East, 165; Kendrick v. Davies, 5 Dowl. 693. d Bradley v. Tunstow, 1 B. and P. 34; Strutt v. Rogers, 7 Taunt. 213; Rex v. Moate, 3 B. and Ad. 237; Taylor v. Gordon, 9 Bing. 570; 2 M. and Scott, 725; 1 Dowl. 720. e Jones v. Powell, 6 Dowi. 483; Duckworth v. Harrism, 4 M. and W. 432; 7 Dowl. 71; Brass v. Marples and another, Exch. Hil. T. 1839; Wood v. O'Kelly, 9 East, 436. f Kendrick v. Davies, suprà. Rennie v. Mills, 7 Dowl. 295; 5 Bing. N. C. 249; 7 Scott, 276; Reeves v. M'Gregor, 1 P. & D. 372. |