cutors, was tator 8 estate. A state of facts was carried m before bim,

fbe^ecutorsl sl^o^uig that the defendant was indebted to the estate ; and

^^^HM^h^ the defendant having made an aflSdavit denying his liability,

thejwereen- the present indictment for perjury was preferred against

as parties him at the Central Criminal Court, and was afterwards

"grieved or

bjurcd/' witbin tbe meaning of 5 lie 6 Wm. & H c. 1 1, s. 3.
XV. VICTORIA.
69



removed, at bis instance, into this Court by certiorari. He
was convicted and sentenced to imprisonment. Tbe pro-
Bectttora afterwards obtained the osual side-bar rule to tax
their costs ; but it having been objected before the Master
that the prosecutors were not parties '' grieved or injured"
within the 5 & 6 Wm. & M. c. 11, s. 3, and therefore not
entitled to costs, he deferred the taxation, in order that
the defendant might make the present application. The
affidavit in support of the motion stated that the prosecntors
were not interested in the subjectr-matter of the suit in
equity.
Bail Court,
1852.
Kegina

9.
WUIes. The prosecutors were not parties "grieved or
injured** within the 5 & 6 Wm. iSc M. c. 11, s. 3, which
enacts, that if the defendant prosecuting tbe writ of cer-
ti<Mrari be convicted of the offence for which he is indicted,
this Court shall give costs to the prosecutor, " if he be the
party grieved or injured, or be a justice of the peace," &c.
