
    Rickey against Bowne.
    Though^)-;-cZmíTmíybe cSS^in a“n act!o“ of ,“ccount at ¿aw, yet the Courts 0f Justices of tfe Peace have of an action of any“other Ac-partneryaga?ñst thereiSng no ““balanced mittedbe-tween them, is not sustainable
    Where a jury is demanded, and a venire issued at the instance of one of the parties, the costs of the venire abide the event of the trial before the Justice,
    IN ERROR, on certiorari, to a Justice’s Court. B. brought an action of trespass on the case, against R,, who pleaded the general issue, with notice of a set-off. The plaintiff and defendant, with one George Weeks, made a . ' 07 joint contract, as carpenters, to build a barn for A., for which ^ ' they were to receive 150 dollars. They worked together, lurnisned materials and provisions, and paid money to la-bourers, upon the job, in unequal proportions, and the accounts between them were unsettled. The object of the suit was to recover a balance claimed to be due to the plaintiff, from the defendant, on account of that joint contract or partnership. * r *
    
      There was a verdict and judgment in the Court below". for foe plaintiff, for 18 dollars and 48 cents, with costs.
    On the return to the certiorari, the exceptions taken were, 1 • That a suit at law will not lie for the balance, it being a partnership transaction. 2. That the judgment for costs included the venire which issued upon the request of the plaintiff below.
   Per Curiam.

Partnership accounts may be adjusted and closed, either by a suit in equity, or by an action of account at law. The acts constituting the Courts of Justices of the Peace, give jurisdiction only in actions of “ debt, detinue, covenant, trespass, and trespass on the cased’ The action of account is not comprised in this enumeration; and the peculiar mode of trial by auditors, is not provided for in those acts. The Justice, therefore, had no jurisdiction.

As to the second objection, we think it not founded. The Costs óf a venire must always abide the event.

Judgment reversed.  