
    Mathew O’Driscoll against William M‘Cants.
    
      Charleston District,
    
    1801.
    No costs ai-la..H ll‘,m action, tor the benefit of the public,
    THIS was an action to recover the penalty under the act of assembly, for cutting a rice dam contrary to law. Penalty 100/. Verdict for defendant. * J
    
    This suit was commenced under the act of assembly J against cutting rice darns, except under certain regulations mentioned in the act, under the penalty of 100/. one-half to the informer, the other half to the state ; in which the jury gave a verdict for defendant. On signing this judgment, it was moved to tax the costs against the prosecutor, for vexing the defendant without lawful cause of action, which was refused, and the cause came before the court by way of appeal from the prothonotary of Charleston district.
   After hearing arguments, the court refused to allow the costs in a qui tam action for the benefit of the public, ob= serving, that no man would bring actions or prosecutions for the public good., if he was liable to be mulcted in costs in case of failure, unless it was a most wanton abuse of s.uch an action, or where there were no grounds or probable cause.

Rule for taxing costs dismissed.

Present, Ghimke, Waties, Bay and. Johnson.  