Wilts, to West Cranmore in the county of Somerset. Against this or der, an appeal was entered at the Epiphany sessions holden for Wilts, and adjourned to the ensuing Easter sessions, when the order was confirmed, subject to the opinion of the court of King's Bench upon a case reserved. The case came on to be argued in Trinity term, but was directed by the court to stand over to the Michaelmas term following, when the order of sessions and the original order of two justices were quashed. Casberd on the part of the parish of West Cranmore now applied for a rule to shew cause why the order of this court should not be altered by omitting such part thereof as related to the quashing of the original order of the two justices, and that the same should only order that the order of sessions made in confirmation of the original order of the two justices be quashed; and that the justices below might be ordered to enter continuances to the sessions next ensuing the decision upon that rule, and then and there to quash the said original order of two justices, and to allow the respondents their costs pursuant to 9 Geo.I. c.7. s.9. The object of that application, he stated, was to supply a defect in the jurisdiction of the court of King's Bench, which had no power to allow costs to the respondents, who by an unjust removal had been put to a considerable expence in the maintenance of six persons for a period amounting nearly to a year; that by rescinding a part of the order of that court and remitting the original order of two justices to the sessions, the court below would not only by quashing the original order be enabled, but by the provisions of the stat. before mentioned, be compelled by granting the costs of maintenance, to do justice between the parties; and that the obstacle which presented itself in Rex v. Moor Critchell, 2 East, 222. did not exist in this case, since the application being made in the same term as that in which the decision upon the merits took place, the court were not called upon to review the judgment of a past term.

Lord Ellenborough C. J. I think that there is the same objection to the present application as existed in the case referred to; for as the decision upon the rules, if granted, cannot take place till the next term, we shall then be equally called upon to revise a judgment of an antecedent term.

Le Blanc J. The form of the rule of this court, quashing the original order of two justices, as well as the order of sessions, I take to have been the regular established form, from the earliest times. To grant therefore the rule, which is now applied for, would be a departure from the practice which has hitherto prevailed.

Bayley and Dampier justices, acc.

Rule refused.

Rex v. West Cranmore, B. R. Mich. 54 Geo. III. ex relat. Mr. Casberd, but that it may under some circumstances be made a condition in the rule. See Overnorton v. Salford, ante, 621.(3).

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.

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,

tions.

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 argument.

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 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.

rule.

conviction to be set down in the crown paper for arguNotice of the ment. Notice of this rule, and of the day appointed for 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. If the court affirm the conviction, the prosecutor is entitled to a levari facias, if a penalty has been adjudged, and not before levied, and to a side bar rule to tax his 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.

Remedy on affirmance for penalty.

And costs.

AN

INDEX

TO THE

PRINCIPAL MATTERS.

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

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.

ACTION,

See Statute-words.

for illegally committing a pauper, ii. 266.
false return to a certiorari, ii. 595.

against constables, &c., must be brought within six
months.