the court will intend that it was quashed for defect 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.

When and how removed.] No writ of certiorari shall be granted, to remove any conviction, judgment, order or other proceedings, had or made before any justice or justices of the peace, or the General or Quarter Sessions, unless such certiorari be moved and applied for within six calendar months next after such conviction, judgment, order or other proceedings shall be so had or made. 13 G. 2, c. 18, s. 5. This Act does not bind the crown; and therefore if the attorney-general apply for the certiorari on the part of the crown, the court will grant it at any time. R. v. James, 1 East, 303, n. Nor does the Act apply to indictments; but a certiorari to remove an indictment must be sued out and delivered before verdict; ante, p. 196; and in misdemeanors, it must be delivered before the jury are sworn, 60 G. 3, c. 4, s. 3, 5, but it may be applied for and sued out even before the finding of the indictment. Id. s. 4.

Also by stat. 13 G. 2, c. 18, s. 5, no writ of certiorari shall be granted or issued, to remove any conviction, judgment, order or other proceeding had or made by or before any justice of the peace or General or Quarter Sessions, unless it be duly proved upon oath, that the party or parties suing for the same hath or have given six days' notice thereof in writing to the justice or justices, or to two of them (if so many there be), by and before whom such conviction, judgment, order or other proceeding shall be so had or made, to the end that such justice or justices, or the parties therein concerned, may show cause, if he or they shall so think fit, against the issuing or granting such certiorari." This does not extend to indictments; R. v. Battams, 1 East, 298; nor is the crown bound by it. Supra. See Arch. Sess. Pr. 43.

Upon a defendant obtaining a certiorari to remove an indictment, he must, before the allowance thereof, (if not in custody for want of bail), enter into a recognizance either before one of the judges of the court of Queen's Bench, or a justice of the peace of the county or place in which the offence is charged to have been committed, or in which such person shall reside, in such sum as the court or a judge by indorsement on the writ shall order and direct. 5 & 6 W. 4, c. 33. This recognizance must be conditioned to appear and plead to the said indictment in the court of Queen's Bench at the return of the writ, and at the defendant's own costs and charges to cause and procure the issue joined upon the indictment, or any plea

relating thereto, to be tried at the next assizes after the return of the certiorari, or, in London or Middlesex, in the next term after the granting of the writ or at the sittings after such term, or at any other time the court may appoint for the trial, and to give due notice of trial to the prosecutor or his clerk in court. 5 & 6 W. & M. c. 11, s. 2. If the recognizance be given, it shall be certified to the court of Queen's Bench, together with the certiorari and indictment; if not given, the sessions may proceed to trial upon the indictment. Id. And if the defendant be convicted, the prosecutor, if he be the party grieved, or a justice or officer whom it may concern as such to prosecute, shall be entitled to his costs from the defendant, to be recovered by attachment. Id. s. 3.

As to the recognizances required upon the removal of convictions, orders, &c.: By stat. 5. G. 2, c. 19, after making (in sect. 1) provision for the amendment of such judgments and orders as justices of the peace are by law empowered to give or make, it is enacted by sect. 2, that no certiorari shall be allowed to remove any such judgment or order, unless the party or parties prosecuting such certiorari, before the allowance thereof, shall enter into a recognizance with sufficient sureties, before one or more justice or justices of the peace for the county or place, or before the justices at their General Quarter Sessions or general sessions, where such judgment or order shall have been given or made, or before any of the judges of the court of King's Bench, in the sum of £50, with condition to prosecute the same at his or their own costs and charges with effect, without any wilful or affected delay, and to pay the party or parties, in whose favour and for whose benefit such judgment or order was given or made, within one month after the said judgment or order shall be confirmed, their full costs and charges to be taxed according to the course of the court where such judgments or orders shall be confirmed. The word "" judgment" here, includes convictions. If no such recognizance be entered into, the justice may proceed and make such further orders as if no certiorari had issued. Id. By sect. 3, this recognizance shall be certified to the court of Queen's Bench, with the certiorari and order, &c. and the party entitled to his costs may have his remedy there for the same by attachment. The party suing out the certiorari, must join in the recognizance. R. v. Boughey, 4 T. R. 281. And he and the sureties must enter into one entire recognizance for £50; it will not be sufficient that each of the sureties enter into a recognizance in £25 each. R. v. Dunn, 8 T. R. 217.

How returned.] If the certiorari be to remove an indictment or other matter from the sessions, in which case it is directed to the justices generally, it is returned by the chairman of the sessions; if it be to remove a conviction or order made by magistrates out of sessions, and of course directed to

them individually, the return must be made by them. And in the latter case, if the magistrate have already transmitted the conviction to the sessions, he may state that in his return, and certify a copy of it. R. v. Eaton, 2 T. R. 285. A conviction may be returned in a more formal shape than that in which it was first drawn; R. v. Barker, 1 East, 186; an order cannot. R. v. JJ. of Cheshire, 5 B. & Ad. 439.

The return is thus made: first indorse upon the writ these words: "The execution of this writ appears in a schedule to this writ annexed: The answer of R. B. esquire," [and if the writ be to the sessions, add, "and the justices assigned to keep the peace in and for the county of -"]. Then write a schedule on parchment, in this form: County of · -, to wit: I, R. B. esquire, [chairman of the Quarter Sessions of the peace for the said county of, and] one of the justices of our said Sovereign Lady the Queen, assigned to keep the peace in and for the said county, and also to hear and determine divers felonies, trespasses and misdemeanors in the said county, by virtue of this writ to me delivered, do under my seal [for myself and other the justices assigned to keep the peace in and for the said county,] humbly certify unto Her Majesty, in her court of Queen's Bench, the [indictment] of which mention is made in the said writ, together with all things touching in the same. Given at day of in the

the

year of the reign of Queen Victoria.
R. B. [seal.]

Then make out the record of the indictment, together with the caption, as directed in Arch. Pr. Qu. Sess. 31, or the conviction or order, &c. upon parchment; inclose it in the schedule, and annex them to the writ; then transmit them and the recognizance to the crown office of the court of Queen's Bench.

BO

CHALLENGE TO FIGHT.

It is a very high offence to challenge another, either by word or letter, to fight a duel,—or to be the messenger of such a challenge, 1 Hawk. c. 63, s. 3,- -or even barely to provoke another to send a challenge or to fight, by dispersing letters to that purpose, full of reflections, and insinuating a desire to fight, &c. Id. R. v. Phillips, East, 464. R. v. Rice, 3 East, 581. This offence is punishable by fine or imprisonment, or both.

It is also a misdemeanor at common law, punishable in like manner, to provoke a man to any other breach of the peace, either by letter or otherwise.

Challenging or provoking a person to fight, on account of money won at play, was fomerly punishable with imprisonment

for two years, and a forfeiture of goods and chattels, by sect. 9 Ann, c. 14, s. 8; but this part of the statute has since been repealed, by stat. 9 G. 4, c. 31, s. 1.

Commitment for provoking to fight, or to send a challenge: -on at wickedly, wilfully and maliciously did utter, pronounce, declare and say to and in the presence and hearing of one C. D., certain provoking and scandalous words, with intent to instigate, incite and provoke the said C. D. to [fight a duel with and against him the said A. B, or, to send a challenge to him the said A. B. to fight a duel with and against him the said C. D.]. And you the said keeper, &c.

Commitment for sending a challenge:-on

at

wickedly, wilfully and maliciously did write, send and deliver to one C. D., a certain letter and paper writing containing a challenge to fight a duel with and against him the said A. B. And you the said keeper, &c.

CHAPEL.

See "Burglary," "Burning."

CHEATING.

See "False Pretences."

CHILD STEALING.

"If any person shall maliciously, either by force or fraud, lead or take away, or decoy or entice away, or detain, any child under the age of ten years, with intent to deprive the parent or parents, or any other person having the lawful care or charge of such child, of the possession of such child, or with intent to steal any article upon or about the person of such child, to whomsoever such article may belong; or if any person shall, with any such intent as aforesaid, receive or harbour any such child, knowing the same to have been by force or fraud led, taken, decoyed, enticed away or detained, as hereinbefore mentioned:" felony, transportation for seven years; or imprisonment with or without hard labour for not more than two years, and whipping. 9 G. 4, c. 31, s. 21.

Commitment:-on

at

, a certain male child, under the age of ten years, to wit of the age of eight years, named E. D., the son of C. D., then and there feloniously and maliciously, by force and fraud, did lead, take and carry away, with intent [to deprive the said C. D., the parent of the said child, of the possession of the said child; or with intent one woollen cloth waistcoat of the value of and one pair of woollen cloth trowsers of the value of , upon and about the person of the said child then and there being, and the property of the said C. D., feloniously to steal take and carry away]; against the form of the statute in such case made and provided. And you the said keeper, &c.

It is provided, however, that no person claiming to be father of an illegitimate child, or to have any right to the possession of it, shall be prosecuted under this act, for getting possession of such child, or taking it out of the possession of the mother or other person. Id.

Order to pay.] "If any one, duly rated to a church rate or chapel rate, the validity whereof has not been questioned in any ecclesiastical court, shall refuse or neglect to pay the same sum at which he is so rated, it shall and may be lawful for any one justice of the peace of the same county, riding, city, liberty or town corporate, where the church or chapel is situated, in respect whereof such rate shall have been made, upon the complaint of any churchwarden or churchwardens, chapelwarden or chapelwardens, who ought to receive and collect the same, by warrant under the hand and seal of such justice, to convene before any two or more such justices of the peace, any person so refusing or neglecting to pay such rate, and to examine upon oath into the merits of the said complaint, and by order under