
    Mosely against Landon.
    The court, on a return to a certiorari, will take notice of such facts only certifies from ledgeTnotsudi from'the infor mation of o-
    On j]ie return to the certiorari in this cause, the error alleged was, that thejury had not been balloted and drawn . . . by the justice, agreeably to law. In the return, thejus-t^ce state<^ Uiat the jury was balloted and drawn [*] Recording to law. In a supplementary return, the justice stated, that from what was told him, he believed that the constaklc had drawn out the ballots. In the assignment of errors, the facts were stated as in the supplementary return ; and there was general joinder in error.
    
      Gold, for the plaintiff in error,
    contended that the defendant in error by his joinder, had confessed the facts contained in the assignment; that if the defendant in error does not demur, but joins in error, he is concluded by the facts, though they may be improperly assigned.
    
    
      Platt, contra.
    The justice can return such matters only as are within his own knowledge. In his return, he states that the ballots were drawn according to law ; and in the supplementary return, he mentions only that he had heard certain facts, which he believed to be true, showing that some slight irregularity had taken place in the drawing out of the ballots.
    
      
      2 Sellon?s .Practice, AT. S. fill.
    
   Per Curiam.

We can take notice of such facts only as the justice certifies from his own knowledge, .of what passes before him, not such as he derives from the inforination of others. The judgment must be affirmed.

Judgment  