
    Strong against Beardslee.
    Under the act to extend jurisdiction of justices of the peace" (sess 41) passed April 10th 1818 where the demand exceeds ther party has mallei' that the jury should consist of twelve; but he , must make his demand, for that purpose, before the venire issues, in order that twenty may be summoned: if he waits until a venire is returned with twelve, sice of which are swovn, he is too late^ and must be concluded*
    IN ERROR, on certiorari, to a Justice’s Court,
    
      Beardslee sued Strong, for beating and wounding his dog, an(I c^a’me(I fifty dollars damages. S. pleaded not guilty, 311^ th0. plaintiff demanded a trial by jury. The cause was then adjourned, and at the adjourned day, the parties appeared, when the venire was returned with a panel of twelve jurors, from which the justice drew six, who were sworn ; the defendant insisted, that the cause ought to be tried before twelve jurors, as the damages claimed were above 25 dollars •, the justice overruled the objection, and there was a verdict and judgment for the. plaintiff, for 17 dollars., and Costs*
   Per Curiam.

According to the true construction of the 22d section of the “ act to extend the jurisdiction of justices of the peace,’’ (sess. 41. ch. 94.) passed April 10th> 1818, where the sum demanded exceeds 25 dollars, either party has a right to insist,- that the jury shall consist of twelve, instead of six jurors : but the party must make his demand of the justice, that the jury should consist of twelve, before the venire is issued, so. that twenty may be summoned. Here the venire was for twelve jurors, and there was no demand or claim to have more summoned, until six were drawn and sworn. The defendant was then too late. The judgment must be affirmed.

Judgment affirmed.  