
    Den against Stigar and Miller.
    THIS cause had been several times noticed for trial at the circuit, and each time a jury struck, upon the motion of the defendant. Ewing for defendant, and M’Donald for plaintiff, now presented to the court, the question, ■whether the fees of the sheriff, for summoning these juries, should be paid by the plaintiff or the defendant ?
    Fees for summoning a struck jury. 
    
    
      
      
        Kennedy vs. Nixon, 1 Hal. 159. See Gibbons vs. Ogden, 2 Hal. 122. Anonymous, 1 Har. 393.
      
    
   By the Court.

The costs of striking the juries, must be paid by the party applying for them. The fees for the juries, must be paid by the plaintiff who issues the writ, and taxed and recovered in his bill of costs, if he have judgment against the defendant.  