
    Shaw and wife vs. McMaren.
    Where a defendant in ejectment moves for a new trial under the statute, the court . cannot require, as a condition, that he shall pay the costs of a suggestion for mesne profits; nor can they impose any terms beyond payment of costs of the principal suit.
    In ejectment, after judgment for the plaintiffs, a motion was made in behalf of the defendant for a new trial under the statute, (2 72. S. 235,2d ed. § 37,) the costs of the ejectment having been paid.
    The granting of the motion was opposed, except on the terms that the defendant should also pay the costs of a suggestion for mesne profits which had been some time pending and was at issue, and had been noticed for trial. (Vid. id. 236.) But
   Cowen, J.

thought that, on the words of the statute, no terms beyond paying the costs of the principal suit could be required.

Motion granted.  