
    Ayers v. Tillotson, and the Society of Chesterfield.
    Unless there is a certificate that the duty is paid on the appeal of an action, the appeal will not lie.
    Error to reverse a judgment of the County Court in an action on book, brought by said Ayers v. Tillotson et al. before a justice of the peace, demanding £4.
    The defendants plead —■ That having prayed oyer of the plaintiff’s book, it consisted of the following charges, viz. The Society of Chesterfield, Dr. to keeping school two months at forty-five shillings per month, £4 10s.; and that a part of said Chesterfield society described by certain lines and bounds, was by act of assembly, in A. D. 1769, incorporated into a seliool district by themselves, and bad no right to vote with said Chesterfield society, respecting matters which concern schools and schooling, and were not liable to pay.
    Plaintiff replied — That subsequent to the aforesaid aot, in A. D. 1769, said school district had by act of assembly been incorporated with said Chesterfield society for school and for* all other society purposes, without exception, and had right to vote with them, and was liable for the debts of said society equally as any other part. The defendants demurred to the reply.
    
      - Tbe justice judged tbe reply to be sufficient. Tbe defendants appealed to tbe County Court; -but there was no certificate that tbe duty bad been paid on tbe appeal.
    Tbe County Court gave judgment — Tbat tbe plaintiff’s reply was insufficient, and! for tbe defendants to recover tbeir cost.
    Errors assigned — 1st. Tbat there was no certificate that tbe duty was paid on tbe appeal. 2d. Tbat tbe reply of tbe plaintiff was sufficient.
   Judgment — Tbat there. is manifest error in both points assigned for error; for unless tbe duty is certified tbe appeal cannot be sustained.  