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Award of Costs in vexatious Actions.
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CXXVI. In all Actions for a Trespass on Lands or Tenements, Assault and Battery, or for Slander, the Plaintiff in such Action, in case the Jury shall find the Damages to be under the Value of Forty Shillings, shall not recover or obtain more Costs of Suit than the Damages so found shall amount unto, unless the Judge at the Trial shall certify under his Hand, on the Back of the Abstract for Nisi Prius, that the Assault and Battery was sufficiently proved by the Plaintiff against the Defendant, or that the Freehold or Title of the Land mentioned in the Plaint was chiefly in question, or that the Trespass was voluntary or malicious.
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