Costs  not  allowed  in  conviction  for  obstruction  of  highway,  even  though  there
has  been  user  for  twenty  years.    Gerring  v.  Barfield,  cxi.  597  ;  16  C.  B.  N.  S.  597.
Costs  of  indictment  for  non-repair  of  highway,  payable,  at  discretion  of  judge,
out  of  highway  rate,  where  the  defendant  pleads  guilty,  under  5  &  6  Wm.  4,  c.
50,  s.  95.     Regina  v.  Haslemere,  cxiii.  313  ;  3  B.  &  S.  313.
It  seems,  that  costs  of  indictment,  under  5  &  6  Wm.  4,  c.  50,  s.  95,  and  23  &
24  Vict.  c.  68,  s.  40,  in  cases  of  disputed  liability  of  parish  to  repair,  fall  on
highway  rate.     Regina  v.  James,  cxiii.  901 ;  3  B.  &  S.  901.
One  who  comes  into  court  and  pleads  guilty  to  an  indictment  does  not  make
a  ''  defence,"  within  5  &  6  Wm.  4,  c.  50,  s.  98,  entitling  prosecutor  to  costs.  Re-
gina v.  Denton,  cxvii.  822  ;  5  B.  &  S.  522.
Under  25  &  26  Vict.  c.  61,  the  court  cannot  direct  the  costs  on  an  indictment
for  non-repair  against  the  inhabitants  of  a  parish,  to  be  paid  by  them,  when  a
jury  has  found  that  the  road  was  not  a  highway.  Regina  v.  Buckland,  cxviii.
397 ;  6  B.  &  S.  397.
XVII.  Ejectment.
Under  the  old  practice,  costs  in  ejectment  can  be  cast  upon  the  party  really
interested,  though  not  nominally  the  plaintiff.  Mobbs  v.  Vandenbrande,  cxvi.
904 ;  4  B.  &  S.  904.
And  this  is  not  changed  by  Common  Law  Procedure  Act  1852,  15  &  16  Vict.
c.  76,  ss.  186,  221.     Ibid.
XVIII.  Elections.
