
    John H. Barney v. Corporation of Washington City.
    A warrant to recover the penalty of a by-law, must name the plaintiffs by their corporate name, and must describe the offence with reasonable certainty.
    The mayor of Washington cannot exercise jurisdiction in a case in which he is a party.
    Appeal from a justice of the peace on a judgment for a penalty for running a hack, not licensed.'
    
      Messrs. Key and Morsell for the appellant,
    contended, 1st. That the warrant to take Barney to answer to the “ corporation,” (not calling them by their corporate name,) is void. 2d. That the warrant ought to have stated that Barney was a person residing within the jurisdiction of the corporation.
    
      Mr. Hewitt, for the appellee,
    relied on the seventh section of the Act of Congress of May 3, 1802, [2 Stat. at Large, 195,] (Charter of Washington,) and on the appearance of Barney, without objecting to the jurisdiction, or to the misnomer of the plaintiff. The warrant was in these words:
    “ District of Columbia, Washington County, to wit: — “ You are-commanded to take John H. Barney before me, or some other justice of the peace for said county, to answer unto the corporation for running a hack without license, and hereof make return on the 13th day of July. Given under my hand and seal, this 9th day July, 1805. Thomas Peter, [l. s.] To any constable in said county.”
   Indorsed, “ July 13th, 1805. Judgment is given in favor of the corporation for $20, and costs 33 cents. Robert Brent. Issue an execution on the above. Robert Brent. The Clerk of Washington county.”

The judgment was reversed with costs, because the words the corporation ” are too uncertain; because the defendant is not stated to be the owner of a hack ; because the offence is too generally laid; because the judgment is for a double penalty; because the day of the return is not certain, and because judgment was rendered by the mayor of the city of Washington, in a case in which he is a party.  