
    
      W. P. Thomson, Executor of Farr, ads. John P. Farr and others.
    
    Costs are in the nature of penalties, and statutes granting them, have always been strictly construed.
    The Act of 1839, allowing costs in cases of appeal from the Ordinary, is prospective, and does not apply to an appeal taken before the Act was passed.
    
      Before Evans, J. at Union, Fall Term, 1844.
    In this case the question was, whether an executor seeking to establish a will, was liable for costs, under the following circumstances. Proceedings were instituted to establish in solemn form the will of W. B. Farr. The Ordinary decided in favor of the will, and the heirs at law appealed. The case was first tried in the Common Pleas, at Spring Term, 1839. At that time, no costs were allowed,’ but in December, 1839, an Act was passed which allowed costs in such cases to the successful party. A new trial was ordered by the court of Appeals, and subsequent trials had, and the case was finally decided in favor of the heirs at law. The presiding Judge decided, that for every thing done after the passing of the Act of 1839, the heirs at law were entitled to costs. The executor appealed.
    
      Thomson, for the motion.
    
      Herndon, contra.
   Curia, for

Wardlaw, J.

Costs are in the nature of penalties, and the statutes. granting them have always been strictly construed. The 13th section of the Ordinary’s Act of 1839, is, in its terms, prospective, applying to cases in which appeals shall be taken, and it does not appear to this court to have been properly applied, as to its provision concerning costs, to this case, which was pending when it passed.

The motion to reverse the order of the Circuit Court is, therefore, granted.

Richardson, O’Neall, Butler and Frost, JJ. concurred.  