
    Inhabitants of South Reading vs. William Hutchinson & another.
    Upon a complaint to compel kindred of a poor person to contribute towards his support, the superior court have power, under Gen. Sts. c. 70, § 11, to award costs, and no appea, lies from their decision.
    Complaint to compel children of Rebecca Hutchinson, a pool person, to contribute towards her support. After a hearing in the superior court, Putnam, J. ordered each of the defendants to pay a certain sum, with his share of the taxable costs. The defendants appealed from so much of the order as concerned costs.
    
      A. V. Lynde, for the defendants.
    
      J. P. Converse, for the plaintiffs.
   Bigelow, C. J.

This is not a personal action in which the costs are regulated by Gen. Sts. c. 156, and the provisions contained in"§ 5 of that chapter are inapplicable to it. It is a proceeding of a peculiar nature, authorized by Gen. Sts. c. 70, § 5, et seq., and a special provision on the subject of costs is made in § 11. It is there enacted that the court where the proceeding is pending “ may award costs to either party, as justice requires.” This gives a judicial discretion to the court respecting the subject matter, in relation to -which we have neither the means nor the power to adjudicate.

Appeal dismissed.  