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On quashing writ of error, defendant to recover costs, as if judgment affirmed.
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XXII. And for preventing great vexation from suing out defective writs of error; be it enacted by the authority aforesaid, That upon the quashing any writ of error, to be sued out after the said first day of Michaelmas term, for variance from the original record, or other defect, the defendants in such error shall recover against the plaintiff or plaintiffs issuing out such writs, his costs, as he should have had if the judgment had been affirmed, and to be recovered in the same manner.
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