The Court below are the judges, whether •new evidence was given or not, and it appears, that they did make a special decision on the subject of costs. This Court cannot inquire into the fact of new evidence being given or not. When the Court below decided, that the defendant should recover costs, their judgment was founded on the fact, that no new evidence had been given by the defendant. We see no error in the record, and therefore the judgment must he affirmed.

Judgment affirmed.