
    * David Green versus Samuel Dana, Esq.
    Debt lies upon a recognizance taken by a justice of the peace, pursuant to the statute of 1782, c. 21. f
    [t And by Rev. Stat., Chap. 118, § 15. — Ed.]
    The plaintiff declared in debt, upon two recognizances of the form prescribed by the statute of 1782, c. 21, acknowledged by the defendant to the plaintiff, for the sums of $850 and $825, payable respectively on the 1st and 5th days of April, 1800.
    After oyer had of the recognizances, the defendant demurred generally to the declaration, and the plaintiff joined in demurrer.
    Lawrence, for the defendant,
    contended, that the statute which provided the recognizance had also furnished the remedy ; and that remedy ought to be pursued. The declaration should have been as upon a record of a judgment. A recovery in this action will be no bar to a proper action pursuant to the statute.
    Hoar, for the plaintiff.
   Per Curiam.

Declaration adjudged good.  