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SECT. VII.

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.

tions.

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.

8$

conviction to be set down in the crown paper

for

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.

AN

INDEX

TO THE

PRINCIPAL MATTERS.

N. B. Numerals i. and ii. refer to the Volume, the Figures which follow

to its Pages.

ABANDONMENT,

of order of removal, ii. 144.
of a certificate, defined, ii. 181.

instances of, ii. 183.
ABILITY,

ground of rateability, i. 71. 73. 75. 163. 220.
consists in what, i. 163.

what, according to Lord Mansfield, i. 164.
ABSENCE, from service, i. 389.

to avoid a settlement, i. 411. See Hiring and service,

settlement by.
ACCESS, how far presumed, i. 331. See Bastard.
ACCOUNTS, of overseers, ii. 438.

See Overseers.
ACKNOWLEDGEMENT, settlement by, ii. 134.
by relief, ii. 135.

mere relief, no evidence of, ii. 135.
nor to casual

poor,

ii. 136.
otherwise if given as to a parishioner, ii. 137.
relief to a pauper resident in another parish, ii.

137.
prima facie evidence only, ii. 138.
relief after settlement by estate in another pa-

rish, ii. 138.
by certificate, ii. 138.
effect of, ii. 139.

as to acknowledging a marriage, ii. 139.
legitimacy, ii. 139.

unless fraudulent, ii. 139.
up to what time, ii. 140.
how far conclusive, ii. 140.
if undelivered, ii. 141.

See Certificate.

ACKNOWLEDGEMENT,

by not appealing from an order of removal, ii. 142.

how far conclusive, ii. 142.
effect of removal unappealed against,

of parties residing under a certificate, ii. 142.
of persons described as husband and wife, ii. 143.
of a person described as a widow, ii. 143.
of a person described as a wife, ii. 143.
concludes only as to persons mentioned in the

order, ii. 143.
to be conclusive,

the order must be bonâ fide obtained, ii, 144.
must be executed, ii. 144.

not ex facie void, ii. 144.
order voidable, but not appealed against, ii. 144.
order must be to a place having overseers, ii. 145.
order directed to a parish, and the removal to a town-
ship of same name, ii. 145.

conclusive to what time, ii. 146.
whether it interferes with an inchoate right of set-

tlement, ii. 146.
evidence necessary to establish the settlement,

ii. 147.
ACT OF PARLIAMENT.

See Statute-words.
ACTION,

where overseers are improperly appointed, i. 39.
against overseers, ii. 479.
upon bond given to the parish, ii. 318.

note, ii. 319.
evidence to support, ii. 320.

See Bond.
for illegally committing a pauper, ii. 266.
false return to a certiorari, ii. 595.
against constables, &c., must be brought within six
months.

See Protection.
ADJOURNMENT,

of an appeal, ii. 535.

in what cases, ii. 535, 536.
by consent, ii. 536.
no costs upon, ii. 573.

See Appeal.
of a sessions, ii. 536.
to what time, ii. 536.

See Sessions.
how it must be set forth, and when, ii. 566.
vihen unnecessary, ii. 565. n. (5). 566.

See Člerk of the Peace. Continuance.
ADJUDICATION,

upon appeal against an order of removal,

629

ADJUDICATION,

of an order confirmed, ii. 578.
order quashed, ii. 578.

for want of form, ii. 579.
of paupers’ settlement collaterally, ii. 580.
ADMINISTRATION,

how proved, ii. 120.

exemplification, ii. 120.
book of ecclesiastical court, ii. 120.

though a subsequent grant of, ii. 120.
ADMINISTRATOR,
settlement, when gained by the estate of, ii. 95, 96.

See Set!lement by Estate.
AFFIDAVIT,

for mandamus to corporation to pay poor's rate, i. 266.
for a mandamus to sessions to receive an appeal, ii. 503.
for a certiorari, ii. 586.

how entitled, ii. 586., n. (2).
AGREEMENT,

to avoid a settlement, i. 358.
by the master, i. 358.

servant, i. 362.
to bind an apprentice gives no settlement, i. 497.
conditional to cancel his indentures, i. 557.

to assign an apprentice, stamped, i. 565.
AID,
rating parishes in, i. 240.

See Rate in Aid.
ALDERMAN,

of London, power of, i. 45.

not liable to parish offices. Rex v. Abdy. Cro. Car., 585.
ALETASTER, gains a settlement, i. 618.
ALIEN,

acquires a settlement, when, ii. 150.
incapacity of, to take freeholds, ii. 150.

leaseholds, ib., and n. (9.)

enabled to take, how, ii. 151.
ALLOWANCE,
poor's rate.

See Poor's Rate.
of overseers' accounts, ii. 444.
by what magistrates, ii. 444.

under 50 Geo. III., ii. 449.
of an appeal without quashing the order, effect of, ii.

569. 579.
ALMS HOUSES,

when rateable, i. 186.

when not, i. 184.
AMENDMENTS,

of orders of filiation, ii. 312.
of orders of removal by the sessions, ii. 551.

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