Muttusami Ayyar, J.

1. The two accused in this case were convicted under Section 22 of the Cattle Trespass Act (Madras Act I of 1871) of illegal seizure of cattle and were ordered by the convicting Magistrate to pay not only the one rupee which the complainant had paid to procure the release of his cattle, but also Rs. 2-10-0, the amount of court and process fees paid by him in prosecuting his case under Section 31 of the Court Fees Act.

2. The Acting District Magistrate is of opinion that the order is illegal, in so far as it directs the payment of Rs. 2-10-0, and, adverting to the conflicting decisions on the point in Criminal Revision Cases 798 and 817 of 1883 asks for a Full Bench ruling for his future guidance.

3. In Revision Case 798 of 1883 it was held that the award of the costs of the prosecution was illegal, and in case No. 817 of 1883 it was observed that the Magistrate appeared to be competent to award them under Section 31 [q.v. supra, 7 Mad. 345] of the Court Fees Act, but that, even if not, substantial justice had been done, and the interference of the High Court was not called for. Section 22 of Act I of 1871 enacts that if the seizure be adjudged illegal, the