
    Travis and others against Waters.
    
      May 18th.
    A rehearing vests in the discretion of the couvt, and is not gvanted on a electee fot costs only, unless under special circumstances.
    RIGGS, for the defendant,
    moved for a rehearing on a decree of last October, for costs, on the usual certificate of counsel, and on an affidavit stating the grounds of the alleged grievance and error; that costs of an action of ejectment, at law, had been allowed, though not asked for on the argument of the cause; and that costs which had accrued before the death of the testator, had also been allowed, though his personal representatives were not before the court in their representative character.
    
      
      Henry, contra,
    contended that a rehearing rested in the discretion of the court, and was not of course ; (3 P. Wms. 8. Amb. 91. 1 Har. Ch. Pr. 647—652.;) and that it is not granted on a decree for costs merely. (Dickens’ Rep. 594. 1 Bro. C. C. 141: n.)
   The Chancellor.

The general rule is as stated by the counsel for the plaintiffs ; but a rehearing is usually granted, if there be colourable ground for the application. Even in cases of decrees for costs only, there are exceptions to the general rule ; and it is so admitted in one of the cases referred to. The facts alleged- in the petition for a rehearing, in this case, are such as to render it proper and expedient that the case should he reconsidered.

Motion granted.  