Scott versus M'Kisson

Scott versus M‘Kisson. THIS was a special assumpsit, on the part of the defendant, to make up the depreciation of a certain sum of money, paid by him to the plaintiff's agent, if the plaintiff refused to receive it as specie. Upon a reference, the referrees awarded only four pounds ; and, as the cause had been removed by the defendant, it then became a question, whether the plaintiff should recover double, or any other, costs. [MAJORITY — By the Court:] By the Court: —Double costs is a relative term ; and it has been settled, that the plaintiff shall not recover double costs here, when, in the Court below, he could not be intitled to recover any. Under the late act, giving jurisdiction to the Justices, the large powers vested in them seem to embrace this cause of action. There are indeed exclusive words in the act, but they do not comprehend the present case. There must, therefore, be Judgment without costs.