I cannot therefore, but regard the proceeding as one in the action in which the party is bound to consider the fact, that an attorney has appeared, and adapt his course Of action accordingly in the service Of papers in the case.

Nor is there any force in the position that the papers to be served upon the justice, might with equal propriety' be served. Upon the attorney; for the statute provides for the service upon two parties, the appellant and the justice, and while another provision makes the attorney a substitute for the appellant, it furnishes none in the place of the justice.

There is no doubt that the service Of the notice in this case, was made in good faith upon the appellant in person, and the Objection made'to the validity, Of the service is strictly Of a technical character; but even if it be conceded that in fairness, the notice should have been returned, we are only authorized to regard the matter in its legal aspect, and looking at it in that point of View, I do not think that a neglect to return a notice illegally served estops a party from taking advantage of the Statutory provision. Although it may have come to the knowledge Of the attorney, it does not waive the defect, as the statute prescribes the manner and form Of the. Service; and not having been complied with, it is not a lawful and valid service, and in fact no service whatever.

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