
    GENERAL COURT,
    MAY TERM 1797.
    The State, at the instance of the Rev. John Ashton, vs. Mareen H. Duvall, and others.
    This was a writ of certiorari, issued on the part of the defendants, to Samuel Hepburn one of the justices of the peace of the state of Maryland in and for 1’rince George’s county, for the removal of certain proceedings depending before him on a forcible entry and detainer. By the return made by the justice it appeared that there had been no inquisition found, and that no proceedings had taken place, except a venire facias to the sheriff to summon a jury, which had not been returned, and no jury had been impannelled.
    
      Kilty and A. B. Bnckett, for the plaintiff.
    
      Key and Shaajf, for the defendants.
   The generar oourt quashed the writ of certiorari, quia irregulariter emanavit.

The question then occurred whether or not the person suing out the writ of certiorari was to pay the costs.

Shaaff contended that the person suing out the certiorari is’ not to pay the costs in certain cases; he cited 1 Bac. ab. 517. Statute of 8 and 9 W. and M. Salk. 194. and Sayman’s costs, 164. If the plaintiff quash his own writ, the. defendant shall not have costs.

The court reserved the point for a future decision.  