B., a police officer, who had been appointed by the president of a municipality to represent the council in all proceedings in courts of petty sessions, proceeded against D. for breach of one of the by laws of the municipality. D. was fined, and then obtained an order nisi to review, which was made absolute, no one appearing to show cause. The order directed the costs of the order nisi to be paid by B. to D. By one of the by laws of the municipality the police officer appointed by the council was authorized and instructed to enforce compliance with the provisions of the by-laws. B. refused to pay the costs, and D. proceeded by way of mandamus to compel the municipality to pay the same.