(charging jury), said, among other things, that this was in its nature and essence, though not in its form, a penal or criminal action; and they were therefore entitled to judge both of the law and the fact; and that the enforcing act could not apply in this ease.

The jury retired, and. after being out between one and two hours, agreed upon a verdict for the defendants, which was sealed up. and the next morning opened and pronounced ■ in court.