
    United States v. Clements.
    A recognizance in a case of bastardy, cannot be taken by a justice of tbe peace, in Virginia, unless upon tbe application of tbe overseers of tbe poor.
    This was a recognizance, taken by a justice of the peace in Alexandria, in a case of bastardy.
    
      Mr. E. J. Lee, for the defendant,
    moved the Court to quash it because it was not taken at the request of the overseers of the poor, according to the Act of Assembly of Virginia, of 26th December, 1792, § 13, p. 183.
   The Court,

(Thruston, J., absent,)

ordered the recognizance to be discharged, unless the overseers of the poor should appear at this term and show cause to the contrary. >  