
    The State vs. Berry & al.
    
    A 3 a Ace of Ac police Luí no cntborliy to take Bio recognizance of a prisoner, while in custody of die oiUcer under a mittiwiys issued by another Justice, for went of sureties for his appearance at Court, and before his commitment to prison.
    
      Scire facias on a recognizance. The defendants were sureties for two Crockets; who were examined on'Vi criminal charge, before a Justice of the peace, who ordered them to find sureties for their appearance at the next Court, and for want of sureties issued a mittimus against them. While they were on the way to prison, in custody of the officer, they went before another Justice, and entered into the recognizance on which the present writ was sued out.
    
      ' Sprague, for the defendants,
    objected that, the latter Justice had no jurisdiction of the matter, and that therefore the recognizance was void.
   And the Court being of that opinion, the Attorney General entered a nolle prosequi.  