
    Andrews against Bates.
    a justice isnoi bybwitne^Lsfor mmiooktotho p;u'ty by who? they are sub» prenaed.
    IN error, on certiorari. The plaintiff in error was sued, as a justice, by the defendant, for his fees, as a witness, in a suit before1 him as justly and which were included in the amount of costs recovered of the defend- . e ant, and had been received by the plaintiff in error, Judgment was given for the plaintiff below,
   Per Curiam.

The witnesses must look to the party who subpoenas them, for their fees. It does not belong to the justice to distribute the fees } nor is he liable to this action. He is to pay the debt and costs to the party, in whose favour the judgment was given, and for whom he receives them. The judgment must be reversed.

Judgment reversed.  