
    Clark et al. v. Turner.
    An information for an assault and battery and breach of the peace by a common person, without joining the public, is no more than ' a civil process and the same notice must be given.
    Eeeoe to reverse a judgment of a justice. Turner complained of Clark, etc. to said justice in his own name for a breach of the peace, in assaulting and beating him; upon which a capias issued and the Clarks were arrested and had forthwith before the justice; where they plead a special plea —■ which was overruled and judgment against them, for forty shillings damage and cost.
    Errors assigned ■■— 1st. That said prosecution was illegal, the public not being joined in it. 2d. That it was only a civil suit and required six days’ notice. 3d. That said Samuel Jr. was a minor and plead by an attorney.
   Judgment ■ — ■ Manifest error, upon all three of the exceptions.  