
    Bowman and another against Bear..
    
      Wednesday, June 11.
    If on appeal by the plaintiff from the judgment of a justice of the peace on an award of referees in favour of the defendant for a certain sum, the defendant recover a less sum in the Common yieas, the plainliffis not entitled to costs. .
    In Error.
    ERROR to the Common Pleas of Columbia county. ERROR to the Common Pleas of Columbia county.
    
      Bear sued Bowman and Tost before a justice of the peace. The case was submitted to referees, and an award made in favour of Bowman and Tost for'30 dollars. Bear appealed to the Common Pleas, where the case was again arbitrated, and an award made in favour of Bowman and Tost for 25 dollars and sixty-seven cents. The Court of Common Pleas thereupon gave judgment in favour of Bear for the Bear sued Bowman and Tost before a justice of the peace. The case was submitted to referees, and an award made in favour of Bowman and Tost for'30 dollars. Bear appealed to the Common Pleas, where the case was again arbitrated, and an award made in favour of Bowman and Tost for 25 dollars and sixty-seven cents. The Court of Common Pleas thereupon gave judgment in favour of Bear for the costs.
    Marr, for the plaintiffs in error, contended,
    that the Court below ought not to have compelled the defendants to pay the costs. There is no provision for costs when the plaintiff appeals ; and on the appeal there is still a judgment against him, though for a less sum than was given by the justice. It is hard the defendants should pay costs for the mistake of the referees.
    Gréenough, contra.
    
      Bear was in the nature of a defendant, after judgment had been given against him by the justice. We are willing to pay the costs before the justice; but we claim the costs on the appeal.
   The Court

reversed the judgment as to that part which gave costs to the plaintiff below, and affirmed it for the residue.  