
    GOODRICH against TRACEY.
    It is not essentia! to the validity of an insolvent bond, that the insolvent himself should be bound in it: it is sufficient if it be executed by the sureties alone, and allowed by the judge.
    A justice of the peace has jurisdiction of an action on an insolvent bond, being ill ■ amount not exceeding one hundred dollars; and if, upon such bond, the action originate in Ceyrt, the p'laintilF is not entitled to recover costs.
    Error to the Common Pleas oi,Crawford county.
    This was an action of debt brought iii the court of Common Pleas of Crawford county, by John Tracey against Jabez Goodrich and Jared Shattich, upon an insolvent bond, in the penalty of seventy dollars, conditioned for the appearance of Samuel Lord, to lake the benefit of the insolvent laws. In the court below, the de^ fendants, in a special plea, set out the circumstances under which the bond was given, and relied upon the fact, as a defence to the action, that Samuel Lord, the insolvent,. had not executed the bond. To this plea the plaintiff demurred; and the court (Ship-pen, president,) sustained the demurrer; upon which a judgment was rendered for the plaintiff, with costs.
    In this court two errors were assigned. First, in rendering judg-' ment for the plaintiff on the demurrer; and, second, in rendering a judgment fo'r posts.
    
      Wallace, fof plaintiff in eiror,
    cited Bollón V. Robinson, 13' Serg. Rawle, 193. Boyce v. Wilkins, 5 Berg. $r Rawle, 829,
    
      Derrickson, for defendant in error,
    Was stopped by the court.
   Per Curiam

The letter of the act which requires the insoU vent debtor jo give bond with such security as shall be required by the judge, is strictly satisfied by giving the bond of the sureties j and as to the spirit and intent of it, we are at a loss to perceive what additional security the personal responsibility of the insolvent would be to the creditor, who has his personal responsibility already. The demurrer, then, was rightly sustained ; hut as a justice of the peace has undoubted jurisdiction of this species of bond. When for a sum less than one hundred dollars, there was error in giving judgment for the plaintiff with costs.

Judgment reversed as to costs, and affirmed for the residue.-  