
    Carlile, Administrator of Carlile, against Bates.
    , . , in an action by an administrator to the intestate, for 90 dollars, the jury found pia?Útiff fov*5 dollars; and ifc was held that the P!aint,fF 001,14 not recover oos-ts n01‘ was hc obliged to pay costs.
    THIS xvas an action of assumpsit, on a note given by * 7 ° J the defendant to the intestate, for the sum of 90 dollars, At the trial, the jury found a verdict for the plaintiff for i ii aii . t»i i 15 dollars. And the question submitted to the court was, whether the plaintiff was entitled to recover costs.
   Per Curiam.

The plaintiff is not entitled to recover r costs; and, as he sues as administrator, he is not bound to pay costs. 
      
       See Mahony v. Fuller, (2 Johns. Cases, 299.) Act concerning costs., sess. 24. c. 179. s. 3. 4, Act, sees. 31. c. 204. s. 1.
     