¡>From Nash. This was an application- for a writ of supersedeas, to set aside an execution for costs. Battle had instituted two suits against Arrington, one in detinue, and the other in trespass for false imprisonment. After issue joined, both causes were referred by the parties to arbitrators, who awarded that in the action of detinue, Ar-rington should return to Battle the negro woman sued for and her increase, and that Battle should pay to Ar-rington the purchase money.
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The only question that can arise here is with respect to the action of detinue. In that action, the arbitrators directed the negro to be delivered up by Arrington, and a certain sum of money to be paid by Battle. Thus the rights of the parties, n ith respect to the subject matter of the suit were settled. This court is not applied to, to set that award aside $ there is no law, which in a case situated as this is,
directs
that either party shall pay the \yhole cost,?. Upon legal principles then it will follow,
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that,each parly shall pay his own costs to the Clerk, as-for work and labor done. Those costs being ‘ascertained* . .. the Clerk is at liberty to issue an execution against each jiarty separately. In Ihe other action, Arrington mtet pay the costs, because thte arbitrators have said' so.
