
    Brownell against Slocum.
    Where no exception is made to the form of the oath administered by a justice, at the time of trial, it cannot after-wards be alleged for error.
    ON certiorari. The error assigned on the return of the certiorari in this cause, was, that the oath administered to the only witness sworn in the cause, did not correspond with the form required by the act. No objections were raised at the time, to the form in which the oath was administered.
    
      D. Shepherd, for the plaintiff in error.
    
      Allen, contra.
   Per Curiam.

By the 16th section of the act of the last session, (Sess. 31. ch. 204.) it is provided, that no omission or misrecital of any oaths prescribed by the act, in the return of any justice to a certiorari, shall be assigned for error, unless it be alleged in the affidavit, on which such certiorari issued, that exception was made to the form of the oath administered at the trial. The judgment below must be affirmed.

Judgment affirmed.  