
    *John Bills v. Ezra Harris.
    Assault and Battery — Right of Jury to Find Costs— Statute. — In assault and battery, the jury found for the plaintiff, six cents and the costs. They had no right, under our Statute, to find the costs.
    This was an adjourned case from the Superior Court of Ohio county. It was an action of assault and battery, in which the jury found for the plaintiff “six cents damages, and the costs.” The question adjourned was, whether the judgment should be rendered for the costs, as well as for the damages. By our own Statute, it is expressly declared that in such actions, and in slander, if the jury find under sixteen dollars sixty-six cents in the Superior Court, or under six dollars sixty-six cents in the County Court, the plaintiff “shall not recover any costs.” The Court were all of opinion that this act limits the discretion of the jury, -and that they have no right to give costs, where the Daw says they shall not be given.
    
      
      See monographic note on “Fines and Costs in Criminal Cases” appended to Pifer v. Com., 14 Gratt. 710; monographic note on “Assault and Battery” appended to Roadcap v. Sipe, 6 Gratt. 213.
    
   PER CURIAM.

“ The Court doth decide by the unanimous opinion of the Judges present, that judgment ought to be rendered for six cents damages, but not for the costs.”  