
    THE STATE vs. WEARE LEAVITT, jr.
    No costs are ever allowed upon a.certiorari, whether the proceedings of the- court below be^quashed or affirmed.
    This was a writ of certiorari, issued at the instance of Leavitt, the respondent, to a justice of the peace in this county, to bring up certain proceedings, had before the said justice, upon the complaint of a clerk of a militia company against.Leavitt, for neglect of duty, in not mustering with the company.
    The court having ordered the proceedings to be quashed, Walker, for the respondent, moved the court to allow costs.
   By the court.

No costs are ever allowed in cases of this kind, whether the proceedings be quashed or affirmed. 11 Mass. Rep. 465.-4 do. 565.-3 do. 268.

Motion overruled.  