
    Carver Washburn, Petitioner, &c.
    Where A. occupies one half and B. the other half of a dwellinghouse, a notification left at B.’s part of the house, for A. to appear at a militia muster, is not a legal warning.
    Petition for a certiorari to a justice of peace, by whom the petitioner bad been fined for neglecting to appear at a militia muster. At the trial before the justice it appeared, that the petitioner lived in one half of a dwellinghouse, the other half being occupied by another person, who was a witness ; that the notification to the petitioner was handed to the witness when standing at the door of his own part of the house, with a request that he would deliver it to the petitioner, but whether the witness had ever delivered it or not, he could not recollect.
    Eddy, for the petitioner.
    
      W. Baylies, for the respondent.
   The Court

said, that leaving a notice at another man’s house was not a sufficient warning to the petitioner, *and a writ of certiorari was granted ; and at a subsequent term the proceedings were quashed. 
      
       See Revised Stat. c. 12, § 89.
     