
    Anonymous.
    On affirmance of judgment upon a writ of error, the plaintiff is entitled both to double costs and interest by way of damages for delay of execution.
    Interest taxed with the costs.
    On error, brought from the Columbia Common Pleas, the judgment was affirmed in this Court, and double costs had been taxed, as well as interest,
      
       by way of damages, for delay of execution; and now,
    
      E. Williams
    
    moved for a re-taxation upon this ground, among others. He said the party was not entitled both to double costs and damages, for the delay. Double costs are the penalty, and if the party elect these, he waives the damages.
    
      R. I Wells, contra,
    said the statute (sess. 36, ch. 96, s. 13 and 14, 1 R. L. 346,) is explicit in giving both ; that, consequently, the election of one was not a waiver of the other;
    
      
       Vid. 2 Dunl. Pr. 1168 ; 5 Taunt. 656, 658 ; 6 id. 117, 346; 7 id. 14, 244; Tidd, 1219, 1220, 1221, and other cases cited in 2 Dunl. Pr. 1168, 1169, as to the cases in which interest is allowed, on affirming judgment below.
    
   And of this opinion was the Court.

Motion denied.  