¶1The justice not having authority to try and determine the cause, had no authority to give judgment for the payment of cost; and in case, where the evidence is not sufficient to subject the person accused to trial, the law doth not subject him to the payment of cost.
1 Kirby 362
Scott
Decided January 15, 1788
On the ground of the first exception, the judgment was… · Decided 1788-01-15