
    People, on relation of Michael Sage, v. The Township Board of Springwells.
    
      'Certiorari to TownshipTBoard — return to, by Town Cleric — fees to be prepaid. — On a common law 'certiorari to a Township Board, the Town Clerk is entitled to payment of his* fees for making a return under section 5Gá3 of Compiled Laws, and is not obliged to make return until such fees have been paid.
    
      Heard and decided May 2.
    
      The Commissioners of Highways for the Township of Springwells having. ordered the laying out of a certain ■highway through the property of the relator, which order, on appeal to the Township Board, was affirmed, the relator sought by a writ of certiorari to bring the matter before this Court for review. The Town Clerk having neglected to make return to the writ, an order was granted requiring him to show cause; in answer to which it appeared that his fees for making such return had not been paid.
    
      George 8. and JS. Y. 8wift, for the Clerk.
    
      JET. M. Oheever, for plaintiff in error.
   The Court held that on a common law certiorari to a Township Board, the Town Clerk was entitled to payment of his fees by the plaintiff in error for making a return-to the writ, under §5648 of the Compiled Laws, and that he was not obliged to make return until such fees had been paid.  