By the Court, Bronson, J. Although in form criminal, this is in substance a civil proceeding to recover the possession of land. The relator is in effect the moving party. If he succeeds he recovers costs, and if he fails he must pay costs. (2 R, S. 613, § 3, 16, 39.) I see no reason why judgment as in case of nonsuit should not be granted in this case as well as in other actions. Motion granted.