farmer, come before me one of his majefty's juftices affigned to keep the peace in and for the county of B. and alfo to hear and determine divets felonies, trefpaffes and other mifdemeanors committed within the faid county, and acknowledge, and each of them doth acknowledge, to owe to our fovereign lord the king the fum of twentyfive pounds of lawful money of Great Britain to be levied on their goods and chattels, lands and tenements, to his majefty's ufe, upon condition that if T. H. fhall prosecute with effect at his own cofts and charges, without any wilful or affected delay, a writ of certiorari issued out of the court of our faid lord the king before the king himself at W. to remove into the faid court all and fingular records of conviction, of all and fingular orders made by R. S. and S. B. two of the juftices affigned to hear and determine divers felonies, &c. in the faid county against the faid T. H. and fhall pay the profecutor or prosecutors within one month next after the faid conviction or orders fhall be confirmed in the faid court all his or their full cofts and charges, to be taxed according to the courfe of the faid court, then this recognizance to be void or elfe to remain in full force.

Taken and acknowledged the day and

year firft above faid, before me,

No. 25.

H. L.

The execution of this writ appears in a certain fchedule Return hereunto annexed.

(The Record of the conviction, &c.)

H. L.

*Or" records of conviction of whatsoever trefpaffes and contempts against the form of the statute made for the better prefervation of the game, whereof the faid C. P. was on or about the 24th day of September laft convicted before J B. efquire, one of his majesty's juftices of the peace for the faid town of K. upon T." &c.

No. 26.

In the King's Bench. The King against T. H.

Affidavit, Service,

R. R. clerk to J. J. of T. in the county of O. gentle rule nia. man, maketh oath and faith, that he did on Monday the third day of June inftant ferve the rev. J. L. L. doftor of laws with a rule of this honourable court made in this matter, on Friday on the morrow of the afcenfion of our Lord, in the thirty-third year of king George the third, whereby it was ordered that Saturday next after the octave of the Holy Trinity be peremptorily given to the profecutor to shew cause why an order of S. B. and R. S. ef quires, two of his majesty's juftices of the peace for the county of B. bearing date the 29th day of Auguft laft, adjudging the defendant to pay certain fums of money in respect of tithes, offerings, oblations and obventions, and for cofts, fhould not be quafhed for the infufficiency thereof. upon notice of the faid rule to be given to the faid rev. J. L. L. doftor of laws in the faid order named, in the mean time; by delivering to and leaving a true copy of the faid rule with the faid J. L. L. at his house at B. T. in the parish of B. in the county of B. and at the fame time fhewing the faid J. L. L. the faid original rule itself.

Sworn at T. aforefaid, in the county of B.

the 4th day of June, 1795, before me,

R. R.

J.J commiffioner, &c.

Affidavit of the circumfances in fupport of the defendant's application for a certiorari.

W. C. of [&c.] D. Mc. K. of [&c.] and D. R. of [&c.] feverally make oath and fay, that they ftand indicted at the feffions of the peace holden in and for the city of L. together with feveral other perfons in the annexed copy of indictment named, for the nuifances therein specified, to which indictment thefe deponents have given bail: And these deponents further fay, that the faid indictment involves a queftion of confiderable magnitude, they being informed and believing, that there is an ancient fair or market held at the place in question, and therefore meaning to juftify the affembling there; and these deponents fay, that many thousand persons wholly depend on the faid fair, or market for their fubfiftence, and that this profecution is conducted by the folicitor for the corporation of the city of L. and as these deponents have been informed and believe, by and under the direction of the faid corporation, wherefore thefe deponents are apprehenfive that they shall not have a fair trial at the feffions of the peace, to be holden in and for the faid city.*

In the King's Bench.

t.

A. B. of [&c.] gentleman maketh oath and faith, that at the laft general quarter feffions of the peace holden in

* In addition to what has already been faid on this fubject in page 37, it may be obferved, that on the application of the defendant for the certiorari, the reafon for it must be properly verified by affidavit; and that the higher the inferior jurifdiction is, and the greater the inconveniences are of removing the caufe,the ftronger the reafon fhould be; but that a doubt whether a fair, impartial, or fatisfactory trial or judgment can be had below, is a reason fufficient to remove from the higheft. Rex v. Cowle 2 Burr. 834.

and for the county of S. a bill of indictment was preferred The like. and found against the inhabitants of the parish of N. C. in the faid county, for a nuifance, in not repairing a certain common king's high-way + leading from B. M. in the faid county of S. towards and unto the town of B. in the county aforefaid, from the entrance into a drove called B. D. at a place called P. D. oppofite J. F's house, containing in length three quarters of a mile, and in breadth thirty feet, extending from thence in a northern direction as far as N. B. bridge, in which faid indictment it is alledged that the inhabitants of the parish of N. C. aforefaid ought to repair and amend the fame common king's highway, when and fo often as it shall be neceffary. And this deponent faith, that the right or title to repair the faid highway will come in queftion upon the trial of the faid indictment, as this deponent is advised and verily believes; and the determination of the faid indictment may materially affect other parishes, fimilarly circumftanced by reason of the inclosures lately made in that part of the country under and by virtue of an act of parliament paffed in the thirty-feventh year of his prefent majefly's reign, intituled “An Act for dividing,

allotting and enclosing certain Moors, Commons, or "Waste Lands and Grounds lying and being within the "Parishes of N. C. S. S. G. and W. in the county of S." And this deponent further faith he is advised and believes that it will be proper to have the faid indictment tried by a special jury, and abfolutely neceffary that the jury before whom the said indictment is tried, should previous to the trial thereof, view the faid highway, which the de fendants cannot have the benefit of at the feffions.

+ By the general highway act, 13 Geo, III. c. 78. indictments of this defcription cannot be removed at the inftance of the defendants, unless the right to repair is likely to come in question.