
    * John Waite, Plaintiff in Error, versus Daniel Garland.
    In an action commenced in the Common Pleas, the plaintiff recovered fifty cents damage, and taxed his costs at seventy-four dollars fourteen cents. — Upon error brought, the Court reduced the costs to twelve cents and a half.
    The writ of error, in this case, was brought to correct the errors of a judgment of this Court, rendered in an action commenced November 2d, 1809, wherein Garland sued the plaintiff in error, then sheriff of this county, for the default of one of his deputies in the service of an execution sued by said Garland against one Davis, and he laid his damages at the sum of 3100 dollars. A verdict was returned for 50 cents damage. Judgment was entered thereon for that sum in damages, and for 74 dollars 14 cents costs.
    
      Mellen, for the plaintiff in error,
    cited the statute of 1807, c. 122, § 2, which provides that where, in any action originally brought before the Court of Common Pleas, no more than twenty dollars debt or damage shall be recovered, the plaintiffs shall be entitled for his costs to no more than a quarter part of the debt or damage recovered.
   The Court

reversed the former judgment as to the taxation of costs, and ordered judgment to be entered for 50 cents damage and 12 1-2 cents costs.  