
    Clute against Van Slyck.
    On certiorari. The defendant, being Sheriff of the county of Schenectady, was sued before a Justice of the Peace, for an escape of a prisoner upon execution ; and the Justice gave judgment in his favour. On certiorari to "this Court the judgment was affirmed ; and now,,
    The statute, (1 R. L. 155, s. 1) gi ving the sheriff, &c. double costs, on verdict, &c. in his favour, does not apply to a proceeding upon certiorari.
    JY*. F. Beck
    
    moved for double costs, upon the statute, (sess. 24, ch. 47, s. 1, 1 R. L. 155.)
    
      S. A. Foot, contra,
    said the statute did not apply to a proceeding on certiorari ; that it contemplated an action in which there could be a verdict or discontinuance, or a non-suit.
   Curia.

We do not think the statute applies to this case.

Motion denied.  