New York Supreme Court January 15, 1819 (Fitch v. People, ex Relatione Platt)

Spencer, J. delivered the opinion of the Court.

The statute provides, that. after a trial on the traverse, if the traverse taken, be tried against the person indicted, that the. person convicted shall pay such costs and damages to the party complaining, as shall be assessed by the justices, or justice, before whom the same is tried.