The Court said that by the general law, the plaintiffs were entitled to recover for their reasonable expenses, and to take the case out of this rule the defendants must show that they have performed the condition contained in the statute of 1821. [Revised Stat. c. 46, § 15.] It does not follow that the plaintiffs are to be deprived of their legal rights because the defendants have done all in their power to comply with the condition.

Mew trial granted.