
    WINDHAM COUNTY,
    SEPTEMBER TERM, A. D. 1788.
    Payne et al. v. Bacon.
    ■Where a town is sued before a justice they must have twelve days’ notice.
    ERROR to reverse a judgment of a justice in an action brought by Bacon against Payne, and the rest of the inhabitants of the town of Canterbury: The writ was served only six days before the court.
    Plea in abatement — That by law said writ ought to have been served twelve days before the sitting of said court. The justice judged the plea insufficient; and on the merits gave judgment for the plaintiff.
    Error assigned — That said plea in abatement ought to have been judged sufficient.
   Judgment — manifest error, upon tire ground that the statute requires, that twelve days’ notice should be given.  