stayed at the Sessions, and the Clerk of the Peace prepares the necessary return, which he forwards to London to be filed at the Crown Office. Sometimes a writ of certiorari is made returnable immediately, and delivered to the Clerk of the Peace, between the Sessions, who makes due return thereof, as if it had been put in and read at the Sessions, and transmits the same to be filed as in ordinary cases. Defendants should not unadvisedly remove indictments by certiorari, for on conviction they will be fixed with costs, pursuant to the statute 8 & 9 W. III. c. 33; but it is not so mutatis mutandis, the prosecutor in no instance being liable to costs, except he move to quash the indictment on the ground of inforinality; in which case the Court will not accede to his motion, but will acquit the defendant, unless the prosecutor pay costs up to that period. Rex v. Webb, 3 Burr. 1468; 1 Str. 946; and vide post title "Motion to quash the Indictment." Sometimes a vindictive prosecutor, with a view to harass the defendant, will suffer him to incur the expense of bringing his witness and solicitor to the Sessions, and to fee Counsel, and will then deliver his certiorari just before the Grand Jury are sworn. This disgraceful practice should be put a stop to, by requiring the prosecutor to give reasonable notice of his intention to remove by certiorari. (a) On the removal, the prosecutor is not bound to make up the issue and bring the record down for trial at the first assizes after the issuing and execution of the writ of certiorari ; but if the defendant is apprehensive that the prosecutor's motive is to let the indictment remain as a dead letter in the Crown Office, or rather as a memorial of disgrace, the defendant can appear by his clerk in court in the Crown Office, plead to the indictment, and bring the record down by proviso at the second or any future assizes, if willing to incur the expense of it. In the event of this kind of removal, the indictment is not tried at the Crown end, as is the case where the bill is preferred at the assizes, but the record is left with the Judges' Marshall, and will appear in the cause paper for trial at Nisi Prius as in civil cases at the assizes. The writ, when issued and delivered to the inferior court, supersedes all the proceedings, and virtually discharges the (a) But it is presumed that such notice cannot be required without some Legislative Act. recognizances; therefore, should the prosecutor conceive the case to be of sufficient moment to require precaution, he should make a representation of it to a Judge of the Court of King's Bench, and procure a Bench warrant for the commitment of the defendants-or an order that they should enter into fresh recognizances for their appearance at the assizes—or, if in prison, to be continued there for want of sureties. Indictments found at the assizes are seldom removed from the Justices of gaol delivery, unless either party, prosecutor or defendant, should deem it prudent to have a special juy,this being the only advantage of such a removal. It is recommended to defendants, that immediately on the removal of the indictment they should instruct their clerk in Court in the Crown Office to appear and plead, which will operate as a cessat processus; for the Judges in such case will not issue a Bench warrant for the apprehension of a defendant unless some strong communication be made to him by the prosecutor of the enormity of the offence or bad character of the defendant, and that he is likely to abscond. Form of Notice to Justices of removing Convictions, Judgments, Orders, and other Proceedings (not Indictments), as required by 13 Geo. II. c. 18. fore I, the said day of take the examination of and upon such examination as aforesaid (or as the case may be) did issue your order, or did convict, &c. (or as the case may be). And whereas it appears that [here state the objections to the order, conviction, or other proceeding]; and moreover that the said (order, conviction, or other proceeding) was irregular and illegal; wherebeing resolved to seek a remedy for the great injury which I have received and sustained by means of the said (order, or conviction, or other proceeding,) I do hereby, according to the statute in such case made and provided, give you notice, that his Majesty's Court of King's Bench will, in six days from the time of your being served with this notice, or as soon after as Counsel can be heard, be moved on my behalf for a writ of certiorari to issue out of the said Court, and to be directed to (the Clerk of the Peace of and for the county of or to the Justice in whose possession the proceedings are or ought to be, as the case may be,) for the removal of [here mention perspicuously the particular proceedings intended to be removed] into his Majesty's Court of King's Bench. To be signed by the party aggrieved. The Clerk of the Peace, if the proceedings are recorded at the Sessions, will make the return on delivering the writ of certiorari to him, or (if the conviction or other documents be in the magistrate's possession) then their clerk will make the necessary return. A Form of Defendant's Affidavit in support of a Writ of Certiorari. In the King's Bench. S. R. of, &c. gent. maketh oath and saith, that a bill of indictment was found true against him, this defendant, at the last Michaelmas Sessions held in and for the county of Somerset, for a nuisance in erecting a certain wall, alleged to be across a public highway at the parish of in the same county, and saith that the said prosecution hath originated from or is instigated by certain persons who are commissioners or trustees for the turnpike roads for an extensive district in the said county, and many of them magistrates of and for the said county, interested in the result of this prosecution. And this deponent is advised, that the ends of justice will be better answered if this indictment is tried at the Assizes, rather than at the General Quarter Sessions of the Peace for the same county. Another Form, where the Inhabitants of a Parish are indicted. aforesaid, and a considerable S. R. of, &c. gent. maketh oath and saith, that he this deponent is a resident of the parish of payer to the poor rates there, and saith that a bill of indictment was found true against the inhabitants of the same parish, at the last Michaelmas Session held in and for the said county, for a nuisance in the non-repair of a certain bridge, called the Great Bridge, in the parish aforesaid; and this deponent further saith, that he is informed and believes it to be true, that the right to repair the said bridge will come in question on the trial of the said indictment, and saith that the issue of such trial may materially affect other parishes which have occasionally contributed towards the repairs of the said bridge. And this deponent further saith, that he is advised and believes that it will be better for the interest of the said inhabitants of the parish of aforesaid, and for the ends of justice, to have the said indictment tried before a special jury. Sworn, &c. S. R. When the certiorari is at the instance of defendants, the statutes 5 & 6 and 8 & 9 Will. require that they shall find two sufficient manucaptors, who shall enter into recognizance in the sum of £20 before one or more Justices of the Peace of the county or place, or else before one of the Judges of the Court of King's Bench. CHALLENGE OF JURORS, Vide title "Jurors." CHAPTER XI. CHIEF CONSTABLES. As the hundred, chief, or head constable is frequently appointed and discharged at the General Quarter Sessions of the Peace, and over whom the Court have power, it will be necessary to say a few words on the subject. He is an officer not only recognised by the Common Law but by various statutes. The statute of Winchester, 13 Ed. I. c. 6, ordains, that there shall be two in every hundred or franchise, and points out certain duties they are to perform. They were formerly appointed, exclusively, by lords at their courts leet, held for hundreds or particular franchises, and this by the common law; and when there was no leet, by the tourn; and now in many parishes and towns by the parishioners; all according to ancient and particular usage. If present, he may be sworn by the Court Leet when chosen; if not, then before a single Justice of the Peace. The ancient practice of appointing hundred constables at the Court Leet still prevails in some counties. But now the usual manner is, that the high constables of hundreds are chosen either at the Sessions or by the greater number of the Justices of the division, and sworn at the Ses sions; which course hath been often allowed and commended by the Justices of Assize. Dalt. c. 28. His chief duty now is to execute all such process as shall be directed to him, and to perform such services as may be prescribed by the Justices, rather than any specific offices which have become nearly obsolete. In Westminster, a high constable is to be elected annually by the dean or high steward, or his deputy, at a Court Leet. If a constable continue above a year in office, the Quarter Sessions may discharge him, and put another in his place until the lord shall hold a court. Therefore, when a constable wishes to be exonerated from this office, and no successor appointed by the Leet, he should a few days prior to the Sessions give notice to four or five fit persons, resident within the hundred, of his intention to apply at such Sessions for the appointment of one of them to succeed him; his solicitor will then instruct counsel to move for the appointment of a constable in his room. The applicant then should produce a copy of the notice, the copy whereof, together with the fact of his having served above a year, he will be permitted to swear to, and an order of Sessions will be made for his discharge. The Court will make a selection of the person to succeed to the office, and if present, an order to the following purport is usually made : COUNTY OF of } At the General Quarter Session, &c. It having been proved to this Court on oath, that A. B. of yeoman, constable of the hundred in the said county, hath continued above a year in his office; this Court, in pursuance of the statute in that case made and provided, doth discharge the said officer, and put in his place C. D. of aforesaid, farmer, being a fit person resident within the said hundred, until the Lord of the Leet shall hold a Court Leet in and for the said hundred, or until the said C. D. shall be otherwise discharged by due course of law. If constables when chosen refuse to be sworn, a Justice of the Peace may bind them over to the Assizes or Sessions (there to be indicted). Dalt. c. 28. For the form of indictment, see ante title "Misdemeanour," sec. 12. Where a chief constable procures a deputy to serve for him, who is approved by the inhabitants, and sworn into office, |