If upon a certiorari, a judgment, given by a justice, is reversed, the plaintiff in the certiorari shall recover his or her costs. If such judgment is affirmed, costs shall be awarded to the defendant in the certiorari, except where the only exception being to the execution below, such exception is allowed; in which case, the plaintiff in the certiorari shall recover costs.

Code 1852, § ?2535; Code 1915, § ?4456; Code 1935, § ?4914; 10 Del. C. 1953, § ?5111; 70 Del. Laws, c. 186, § ?1;