By the Court, Cowen, J. The motion must be granted. The better eonstruction of the statute is, that to carry costs on the value of the property, the value must be assessed by the jury, (2 R. S. 437, § 48, 2d ed.,) and not by the sheriff’s appraisal. (12 Wendell, 38.) When the cause is tried, a part of the goods may be awarded to the plaintiff and a part to the defendant. In such case, the original appraisal would be no guide. Motion granted.