of form, and will confirm the order of sessions: but if the order of justices be good upon the face of it, then if the sessions confirm it, the court of course will confirm the order of sessions; or if the sessions quash it, the court will intend that it was quashed upon the merits, and confirm the order of sessions. South Cadbury v. Braddon, 2 Salk.607. Set. & Rem. 172. 2 Arch. P. L. pl. 214. Procedendo.] If the certiorari have been obtained in a case where it ought not to have been granted, as if it have issued in a case in which a certiorari will not lie, or be sued out by a party who had no right to do so, or if there have not been a sufficient notice to the justices, the court upon application will award a procedendo, if such application be made within a reasonable time. Or if upon argument the conviction or order be confirmed, and it be necessary, for the purpose of enforcing it, that it should be sent back to the justices who made it, the court upon application, or a judge at chambers by order, will award a procedendo. R. v. Neville, 2 B. & Ad. 299. But where a fine or sum of money is ordered to be paid by the conviction or order, the court of Queen's Bench may enforce the payment by a levari facias. The procedendo is tested on the day it issues. The levari is tested on the day on which it issues, and is made returnable either immediately or on a day certain in term; and the place of abode and addition of the party against whom it is issued, must be indorsed upon it. Reg. 10. Procedendo. VICTORIA, &c. To the keepers of our peace and our justices assigned to hear and determine divers felonies, trespasses, and other misdemeanors committed within our county of and to every of them, greeting: Whereas by our writ we have lately commanded you and every of you, that you, or one of you should send under your seals, or the seal of one of you, before us at Westminster, at a certain time now past, all and singular [orders made by you or some of you, between the inhabitants of the parish of A. in our county of B. appellants, and the inhabitants of the parish of C. in our county of D. respondents, touching the settlement of J. N., as fully and perfectly as they had been made by you or some of you, and then remained in the custody or power By the Court. Levari Facias. VICTORIA, &c. To the sheriff of -, greeting: Whereas J. N., was heretofore, to wit, on the day of, at, on the complaint of J. S. convicted by and before A. B. and C. D., esquires, [&c. as in the conviction]. And whereas the said J. N., having appealed to the then next general quarter sessions of our peace holden at in and for our said county of against the record of the said conviction, the same was by the court of general quarter sessions aforesaid, ratified and confirmed. And whereas the said record of conviction, and the proceedings had thereon as afosesaid, were afterwards, by virtue of our writ of certiorari issued in that behalf, brought before us, to be determined according to the law and custom of England, as appears to us of record; and thereupon it was considered and adjudged by our court before us, that the said record of convic- to go and be applied according to the By rule of Court. By the Court. Costs.] If the conviction or order be quashed, the court seldom grant costs: not against the justices, because it is merely an error of judgment; and not against the prosecutor, &c., because it is the error of the justices. But if the order or conviction be confirmed, then the successful party is entitled to costs under the recognizance, and they may be recovered by a side-bar rule to be obtained at the crown-office. Draw up the rule, therefore; get your costs taxed, and the allocatur marked upon it; then make a personal demand of them, and if not paid, move to estreat the recognizance, or move for an attachment. SECTION IV. Certiorari in other Cases. To remove orders of the Poor-law Commissioners.] By stat. 4 & 5 W. 4, c. 76, s. 105, it is enacted, that "no rule, order, or regulation of the said commissioners or assistant-commissioners, or any of them, shall be removed or removable by writ of certiorari into any court of record, except his Majesty's court of King's Bench at Westminster; and that every rule, order, or regulation, which shall be removed by writ of certiorari into the said court of King's Bench, shall nevertheless, unless and until the same shall be declared illegal by that court, continue in full force and virtue, and be obeyed, performed, and enforced, in such and the same manner, and by such and the same ways and means, as if the same had not been so removed." And by sect. 106, "no application shall be made for any writ of certiorari for the removal of any such rule, order, or regulation, except to the judges when sitting in the said court, nor unless notice in writing shall have been left at the office of the said commissioners at least ten days previous to such application being made, and in which notice shall be set forth the name and description of the party by or on behalf of whom, and the day on which, it is intended to make such application, together with a statement of the grounds thereof; and thereupon it shall be lawful for the said commissioners to show cause in the first instance against such application, and the court may, if it so think fit, forthwith proceed to hear and determine the same upon the grounds set forth in such notice." By sect. 107, it is required that " previous to any writ of certiorari being issued, the party or parties applying for the same shall enter into a recognizance, with sufficient sureties, before one of his Majesty's justices of the court of King's Bench, or before a justice of the peace of the county or place in which such person shall reside, in the sum of fifty pounds, with condition to prosecute the same, at his or their costs and charges, with effect, without any wilful or affected delay, and in default thereof, or in the event of such rule, order, or regulation being deemed legal, to pay the said commissioners their full costs, charges, and expenses, to be taxed according to the course of the said court of King's Bench; and if the said rule, order, or regulation, so removed by the said writ of certiorari into the said court of King's Bench, shall be declared legal by the said court, the commissioners entitled to such costs, within ten days after demand made of the person or persons who ought to pay the said costs, upon oath made of the making such demand and refusal of payment thereof, may recover the same in the same manner as any penalties and for. feitures are recoverable under this act." [See sect. 99.] By sect. 108, "if, upon the hearing of the application, the court shall order a writ of certiorari to issue for bringing up any such rule, order, or regulation, and the same, being brought into court, shall be quashed as illegal, the said commissioners shall forthwith notify the judgment of the court to all unions, parishes, or places to which such rule, order, or regulation shall have been directed, and the same shall from the time of receiving such notice respectively be deemed and taken to be null and void to all intents and purposes whatsoever provided that such judgment shall not have the effect of annulling any contracts made in pursuance or upon the authority of any such rule, order, or regulation, which at the receipt of such notice respectively shall have been executed by either of the contracting parties: provided also, that no person shall be liable to be prosecuted, either by indictment or by civil action, for or in respect of any act done by him before the receipt of such notice, under the authority and in pursuance of such rule, order, or regulation." See, upon this subject, R. v. Poor-law Commissioners, Re Strand Union, 9 Ad. & El. 901. Id., Re Cambridge Union, 9 Ad. & El. 911. R. v. Hunt, 12 Ad. & El. 130. The certiorari is tested on the day it issues; Reg. 3; and indorsed By Rule of Court, at the instance of the said court a certain rule, order, Recognizance. Yorkshire. Be it remembered, that on the day of, in the -year of the reign of our sovereign Lady Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland Queen, defender of the faith, [J. S. of, gentleman, L. T. of yeoman, A. B. of gentleman, and C. D. of -, esquire, come before me Sir J. W., knight, one of the judges of the court of Queen's Bench, [or J. P. esquire, one of the justices of the peace of our Lady the Queen in and for the county of -], and acknowledge to owe to our sovereign Lady the Queen the sum of fifty pounds, of lawful money of Great Britain, to be levied upon their goods and chattels, lands and tenements, to her Majesty's use, upon condition that if they the said J. S. and L. T. shall prosecute, at their own proper costs and charges, with 1844. day of Yours, &c. (Attorney for the abovenamed, J. S. & L. T.) effect, and without any wilful or affected delay, a writ of certiorari issued out of the court of our said Lady the Queen before the Queen herself, at Westminster, to remove into the said court a certain rule, order, or regulation, made by the poor-law commissioners or some or one of them, dated the day of last, whereby it is ordered, [&c., as in the order]; and in the event of the said rule, order, or regulation being deemed legal, if the said J. S. and L. T. shall pay to the said commissioners their full costs, charges, and expenses, to be taxed according to the course of the said court: then this recognizance to be void, or else remain in full force. Taken and acknowledged To Remove Decrecs, &c. of Commissioners of Sewers. 193 Certiorari. VICTORIA, &c. To the poor-law commissioners, and to every of them, greeting: We being willing for certain reasons that a certain order made by [two] of you, the said commissioners, bearing date the day of last, whereby it was ordered and declared, that [&c., as in the order,] should, for certain reasons, be sent by you before us, do command you and every of you, that you or such of you in whose custody or power the same may be, do send under your seals or the seal of one of you before us at Westminster, immediately after the receipt of this our writ, the said To remove an order or decree of commissioners of sewers, or a presentment before them.] The court of the commissioners of sewers is a court of record; Com. Dig. Sewers D; and therefore if the commissioners make an order or decree in a matter which is out of their jurisdiction, the court of Queen's Bench may grant a certiorari to remove it, in order that it may be quashed; Id. I. Cro. Jac. 336. 1 Vent. 67; and if the commissioners still proceed, after the certiorari allowed, an attachment shall go against them, and they shall be fined for their contempt. 1 Lev. 288. 1 Vent. 67. 1 Mod. 44. The rule for the certiorari, is a rule nisi in the first instance. Anon. 2 Chit. 137. So, if the jury make a presentment in a court of sewers, in a matter of which the court has not jurisdiction, the court of Queen's Bench may grant a certiorari to remove it, in order that it may be quashed. But in these cases, the certiorari is not demandable of right, but it is in the discretion of the court whether they will grant it or not. Com. Dig. Sewers, I. 1. And formerly the court would not award a certiorari to remove an order of a court of sewers, unless the party charged consented to repair in the meantime, the expenses thereof to be reimbursed to him if the order were ultimately quashed; Id., and see 1 Sid. 78; but this has long ceased to be the practice. The rule, however, is a rule nisi only. R. v. Com. Sewers for Westminster, Ms. M. 1841. The writ, in this case, is tested on the day it issues, and, if issued in term, is made returnable immediately before the Queen at Westminster, or, if issued in vacation, shall be made returnable either immediately before a judge at chambers, or at a day certain in the ensuing term before the Queen at Westminster. Reg. 3. It is indorsed "by Rule of Court" or "by the fiat of Mr. Justice- -," "at the instance of |