
    The Governor v. Kennerly and Others, in Error.
    HELD, that it is not the duty of a justice of the peace, under the statute, to issue a scire facias against a constable for failing to return an execution, unless the scire facias be ordered by the plaintiff .
    
      
      . Stat. 1817, p. 215; — 1823, p. 245.
    
     