
    M'Carty and M'Carty against Sherman.
    ALBANY,
    August, 1808.
    In an action of debt before a justice on a judgment obtained before anotherjustice, a certificate under the hand and seal of the justice, whose hand-writing was proved by a witness, was held not to be sufficient evidence, on a plea of mil tiel • record. The certificate should be proved by the justice himself, or a sworn copy of his minutes be produced.
    IN error on certiorari, from a justice’s court. The defendant in error brought an action of debt on a judgment for 17 dollars and 79 cents, obtained before another justice, against the plaintiffs in error. The plea was mil tiel record. On the trial,'a certificate of the judgment, under the hand and seal of the former justice, was produced, but was not proved, except by a witness who testified to the hand-writing. It was read in evidence, though objected to by the defendant. There was also a difference of 8 cents in the sum mentioned in the certificate, and the debt stated in the declaration,
    
      Henry, for the plaintiffs in error.
    
      Sedgwick, contra,
    cited Kellogg v. Mauney, (2 Johns. 378.)
   Per Curiam.

The objection to the certificate of the former justice, as evidence, was well founded. It ought to have been proved by the justice himself, who gave the judgment, or a sworn copy of his minutes should have been produced. In the case of Kellogg v. Mauney, the evidence of the certificate was not objected to, and was, therefore, considered as admitted. The judgment below must be reversed.

Judgment reversed.  