
    Ilgenfritz against Douglass.
    
      Lancaster, Thursday, May 19
    costs of the appeal; hut not foi’ any costs before the appeal. if a defendant awardh/theCommon Pleas for less than a hundred doiiai-s, and the same or a greater sum is recovered on the api*eal, he »s liable for the
    IN ERROR.
    ,rTTIIS action was commenced in the Common Pleas of Dauphin county after the one hundred dollar law, by ■which a party recovering less than a hundred dollars in the *■ J # 0 % Common Pleas, is not entitled to costs, except in certain cases*
    The cause was referred to arbitration by the defendant in December 1809, and in March following the arbitrators awarded to the plaintiff 80 dollars, without costs of suit. On the same day the defendant appealed, and entered into a recognizance, according to the 13th section of the arbitration law of 29th March 1809. The cause was tried in September 1811, and a verdict found in the plaintiff’s favour for 86 dollars 70 cents, with six cents damages and six cents costs.
    The Court below were of opinion that the 13th section of the act of 29th March 1809, did not apply to a defendant in a suit commenced in the Common Pleas, but cognizable before a justice of the peace; and therefore directed the judgment to be entered without any costs. . ..
    The only point submitted in this Court, was whether the defendant was not liable to the costs of the appeal.
    
      Hopkins for the plaintiff in error.
    loafer for the defendant “in error.
   Per Curiam.,

The defendant below was subject to the payment of all costs subsequent to the appeal; but. not of any costs prior to the appeal.

Judgment reversed.  