barton and other versus mile and other suggestion for double cost against the  plaintiff he be nonsuit allow upon a affidavit of the fact to be enter on the  roll there be no other way as the fact be not appear upon the record for  obtain the double cost where there be a only taxation the court will not  notice the several capacity of the defendant the defendant be collector of the  tax for windowlight and be sue in a action of trover by the plaintiff who be  assignee in a commission of bankruptcy against one heart and at the trial the  plaintiff be nonsuit on not be able to prove a title to the good take so last  term march for defendant move that they may have double cost for that they be  entitle to they by the Act of parliament which give it they in all action for  act do in the execution of their office where a verdict be for the defendant  or the plaintiff be nonsuit and the method of do it be general upon a  certificate of the judge that try the cause that the case tempt Hardwicke er p  defendant be in the execution of their office but that can not appear in this  case because the plaintiff be nonsuit for not show a title so that no evidence  as to the take be hear but he now produce a affidavit that they be officer and  in the execution of their office which be read and a rule be make for the  plaintiff to show cause why a suggestion shall not be enter on the roll to  that purpose and my Lord chief justice say that though the court give cost by  rule in a late case of this nature that be do because there be a  discontinuance of the plaintiff action but that in case of a nonsuit there be  a judgement enter for the defendant to have cost as be require by several  statute and now win for plaintiff come to show cause accord to the rule and he  admit that double cost must be give in favour of some of case tempt Hardwicke  the defendant but that two of they be not collector but only assistant and the  Act which give double cost do not extend to favour they Lord Hardwicke c j  they must make their suggestion as they can but we can take no notice of the  several capacity of the defendant for it be only taxation and not separate  cost for every defendant then win will have question whether as the party be  out of court upon this nonsuit there can be a suggestion enter on the roll but  Lord Hardwicke c j say that point be full settle and not to be dispute and the  defendant have no other way to get their double cost so the rule be make  absolute see hull SC edit see also I Str cook r post Str SC say r will east  Tid edit so where the want of a suggestion for Triple cost under the mutiny  Act be assign for error in the house of lord king b grant leave to amend the  record in that respect and this on payment of cost in errorfrom king b provide  the writ of error be abandon Dunbar Hitchcock h t geo III ms man the original  judgement for Triple cost be in c p and that court discharge the rule nisi for  a amendment by strike out the word Triple but without cost SC m t geo III ms