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Of the Proceedings on Removal of Records of Conviction had
before Justices of Peace into the Court of King's Bench. (1)
The proceedings on removal of records of conviction had before justices of the peace into the court of king's bench, differ in some respects from proceedings on removal of other orders, and therefore seem to require a particular explanation, at least as to those points in which that difference consists.
The same notice of the application for a certiorari on Notice to rethe part of the defendant is necessary, as in the case of move convic. other orders; and when the certiorari has been granted, a similar recognizance to prosecute it must be given, un- Recognizance. less the offence be against the statute of 4 Ann. c. 14. “ for 4 Ann. c. 14. the better preservation of the game;" in which case, by bond. section 2. of that statute, it is directed, that the party against whom the conviction shall be made, shall give a bond to the prosecutor in the manner there prescribed; or if it be an offence against the statute 16 Geo. III. c. 30. 16 Geo. III. “ for preventing the stealing of deer,” a bond must be given c. 30. to the justice or justices convicting, in the manner directed by section 19. of this statute.
The record of conviction being returned into the court Proceedings of king's bench, in obedience to the writ of certiorari, it in B. R. for
the argument. is not necessary to make a motion to file it, as in the case of other orders, but it is put upon the file of course. The defendant then, by his clerk in court, enters a comparentia, or appearance to the conviction; and either party may : by counsel, obtain a rule for a concilium, and procure the
(1) This section is not strictly within the plan of the present work. But the information is so useful, and comes from a source so entirely to be relied upon for accuracy, that I cannot resist the temptation of inserting it. VOL. II.
conviction to be set down in the crown paper
arguNotice of the ment. Notice of this rule, and of the day appointed for rule. the hearing, being given to the opposite party, paper books
are delivered, as in the case of orders of justices; but when the conviction is called on in the paper, the junior counsel for the party objecting to the conviction begins; the junior counsel on the other side is heard in answer to his objections, and the defendants' counsel is heard
in reply, but only one counsel is heard for each party. Remedy on
If the court affirm the conviction, the prosecutor is enaffirmance for titled to a levari facias, if a penalty has been adjudged, penalty.
and not before levied, and to a side bar rule to tax his And costs.
in case the certiorari was sued out by the defendant, If the court quash the conviction, the defendant is entitled to have his recognizance or bond discharged.
N. B. Numerals i. and ii. refer to the Volume, the Figures which follow
to its Pages.
of order of removal, ii. 144.
instances of, ii. 183.
ground of rateability, i. 71. 73. 75. 163. 220.
what, according to Lord Mansfield, i. 164.
to avoid a settlement, i. 411. See Hiring and service,
mere relief, no evidence of, ii. 135.
rish, ii. 138.
as to acknowledging a marriage, ii. 139.
unless fraudulent, ii. 139.
by not appealing from an order of removal, ii. 142.
how far conclusive, ii. 142.
of parties residing under a certificate, ii. 142.
order, ii. 143.
the order must be bonâ fide obtained, ii, 144.
not ex facie void, ii. 144.
conclusive to what time, ii. 146.
tlement, ii. 146.
where overseers are improperly appointed, i. 39.
note, ii. 319.
of an appeal, ii. 535.
in what cases, ii. 535, 536.
See Člerk of the Peace. Continuance.
upon appeal against an order of removal,
of an order confirmed, ii. 578.
for want of form, ii. 579.
how proved, ii. 120.
exemplification, ii. 120.
though a subsequent grant of, ii. 120.
See Set!lement by Estate.
for mandamus to corporation to pay poor's rate, i. 266.
how entitled, ii. 586., n. (2).
to avoid a settlement, i. 358.
servant, i. 362.
to assign an apprentice, stamped, i. 565.
See Rate in Aid.
of London, power of, i. 45.
not liable to parish offices. Rex v. Abdy. Cro. Car., 585.
acquires a settlement, when, ii. 150.
leaseholds, ib., and n. (9.)
enabled to take, how, ii. 151.
See Poor's Rate.
under 50 Geo. III., ii. 449.
when rateable, i. 186.
when not, i. 184.
of orders of filiation, ii. 312.