2 S.C.L. 323
Court of Appeals of South Carolina
Decided July 1, 1801
Court of Appeals of South Carolina · decided 1801-07-01
THIS was an action to recover the penalty under the act of assembly, for cutting a rice dam contrary to law. Penalty 100/. Verdict for defendant. * J This suit was commenced under the act of assembly J against cutting rice darns, except under certain regulations mentioned in the act, under the penalty of 100/. one-half to the informer, the other half to the state ; in which the jury gave a verdict for defendant.
Decided 1801-07-01
¶1After hearing arguments, the court refused to allow the costs in a qui tam action for the benefit of the public, ob= serving, that no man would bring actions or prosecutions for the public good., if he was liable to be mulcted in costs in case of failure, unless it was a most wanton abuse of *324s.uch an action, or where there were no grounds or probable cause.
¶2Rule for taxing costs dismissed.