
    Samuel W. Hurd vs. John J. Merritt.
    Costs.
    
      Motion by plaintiff for a relaxation of costs, and that he be allowed to charge in his bill of costs, interest on the report of referees from the date of their report to the date of the judgment.—Per Curiam.—This was an action of tort, and the plaintiff has no right to tax interest with costs; that the section 3d on page 508 of Session Laws of 1844, is to operate prospectively j and that as the report of the referees in this cause was before the passage of that act, the act does not apply, although judgment was not perfected until the act was passed.
    M. T. Reynolds, Defts Counsel. M. Mitchell, Defts Mty.
    
    T. Nelson, Plffs Counsel. W. Nelson, Plffs Mty.
    
   Decision.—Motion denied with costs.  