
    Clayton against Per Dun.
    
      A justice'- óf uie fqc(,%ee<ps’áta«a «ave.non-•«MM for that purpose, ¡B die-qualified from
    Seethe wsb„jj Sra'ír aft?? •keepingtaverta
    g(™gpeitontr?ai rase^coufer'ju? the justice. 9D
    INERROR, on certiorari toa justice^,court;
    It appeared that,' after issuing the warrant,, arid before the day of trial, in this cause, the justice removed with his family .. •> . . . • , • • , ' mto a house which had been occupied ás a tavern, under an ' x agreement with the forpier occupant, that he,,.me justice, might “continue the tavern in the said house, until the license could ^e renewed.” -The cause.was tried.in that house a few days after the justice had taken possession of it. The tavern sign °f former occupant was still-kept up,,.and travellers called as usual, and drank spirituous liquors, and. paid for them ; but the justice returned, that,he did not-consider himself as keeping a tavern. Judgment was given for the now defendant, who was defendant in the court below. -
   Per Curiam*

The evidence clearly shows, that the justice kept a tavern in fact; aqd whether he had, or had not,, a license for. that purpose, he Was equally disqualified for trying causes as a justice.- Nof is It material .that the suit was instituted before he became, so disqualified;. nor would it cure the defect if .the, plaintiff below did áppéar and consent, to the trial, becaiise such consent .could not confer jurisdictioft. Low v. Rice,, (8 Johns. Rep. 409.,) on the-two; last points, is.decisive.

The. judgment must, be reversed*  