
    SMITH v. SOMERS.
    On Certiorari. Practice.
    The counsel for the plaintiff moved for a rule on the Justice of the Peace to whom the Certiorari in this case had been directed, to return the Certiorari to the next term, or shew cause, &c.— This motion was grounded on an allegation, that the Justice had been called on for the return, and that he had neglected to deliver it.
   Per Curiam.

Such a rule on a Justice, implies that he is in default, and ought not therefore to be granted, unless it appears by affidavit, that the writ has been delivered to the Justice, and that he has been called on in a reasonable time thereafter, for his return to it, and that he neglects or refuses to deliver it. At least the counsel should be able to state as a fact within his own knowledge, that the writ had been delivered to the Justice, and that he had been called upon or his return to it, in a reasonable time.

The rule refused.  