tur must be personally served on the defendant, and the amount demanded by the prosecutor, or some one authorized by him by power of attorney; and if not paid within ten days after the demand, an attachment may be obtained against the defendant, under which he may be taken and imprisoned; but if he be already in prison, it may be lodged as a detainer against him. The recognizance also stands as a security for these costs, and it cannot be discharged till they are paid; and if they be not paid the recognizance may be estreated. It may, however, admit of doubt, whether, where the indictment has been removed from any other Court than the Quarter Sessions, the defendant can be attached for non-payment of the costs: it was probably intended by the 5 & 6 W. IV. c. 33, s. 2, to assimilate the law in this respect on removals from sessions and from other Courts, but it may be doubtful whether the language of the statute is sufficient to effectuate this intention; there can be no doubt, however, that it has the effect of making the recognizance stand as a security for the costs, which it did not before, except where the removal was from sessions.

The costs allowed on taxation in the Crown Office between party and party, are by no means liberal; and, therefore, in every case, the party entitled to costs must expect to have something considerable to pay out of his own pocket in the shape of extra

costs.

When the defendant has been fined after a conviction on a removal from an inferior Court, the prosecutor may, if necessary, apply for a portion of the fine towards his costs, in the same manner as on a conviction on a criminal information; but where there is no doubt of receiving the costs from the defendant or his sureties, this application will not produce any substantial benefit to the prosecutor, for such portion of the fine as he would receive would have to be deducted from the costs to be paid by the defendant, or the sureties.

On trials at nisi prius of criminal informations or indictments, a Queen's counsel, or Queen's serjeant, cannot hold a brief for the defendant, unless a license for him to do so be previously obtained; such a license may be obtained by petitioning the Queen through the Home Secretary..

CHAPTER IV,

SETTLEMENT T AND OTHER CASES RESERVED AT SESSIONS AND CERTIORARI.

When the Sessions may reserve a Case for the Opinion of the Court of Queen's Bench-Reason and Origin of the Practice -How Case settled-How brought before the Court of Queen's Bench-Within what Time Certiorari must be obtained-Notice to Justices-Recognizance-How Application for Certiorari to be made-Removal of Order Rule nisi to quash Order-Service and Affidavit thereof Instructing Counsel-Argument-How Costs paid if Order quashed-How if Order confirmed-Advantage of having Judgment of Sessions in Party's favour-How Costs taxed and recovered-Re-hearing or re-statement of Case-As to Certiorari to remove Orders where no Case reserved-Removal of Proceedings from Sewers and other Courts In what Cases the Court receives Affidavits, in order to decide on the Validity of an Order-How Certiorari in that Case obtained-How Application disposed of-How Affidavits to be entitled before and after Certiorari.

In the case of an indictment at Sessions, the jury are the judges of the facts and the justices are judges of the law; and in that case the decision of the justices on the law is final, no party, not even themselves, having the power to bring it under the review of a superior Court by means of a special case or otherwise. Indeed where an illegality appears on the face of the record, the defendant may be relieved by a writ of error, if he can obtain leave from the Attorney-general to bring such writ; it is in the discretion of the Attorney-general to give or refuse such leave; but in proper cases I am not aware that it is ever withheld.) to) to nomigo dt tot But at the Sessions there are many matters

brought before the justices, where they are judges of the facts as well as of the law; these are chiefly appeals, but there are also some such cases in which the Sessions have an original jurisdiction; where the Sessions are judges of the facts as well as of the law, their decision is also final if they choose that it shall be so; but in this case they if they think fit, submit the question of law to the Court of Queen's Bench for its opinion, and where they have doubts they will generally do so, and it is done in the shape of a special case.

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It has just been stated that, where the sessions e judges of fact as well as of law, their decision is final if they choose; but this must be understood with one qualification, viz., that to be final their order must not be illegal on the face of it, for (except in cases where the certiorari is taken away by statute) their orders may be removed by certiorari into the Court of Queen's Bench; and if on the face of them any thing appears from which the Court can see that they are illegal, it will quash them; but the Court will in no case enter into the facts upon which they were grounded, unless such facts are set out on the face of them; and, therefore, if they appear good on the face of them they are final, and cannot be upset. Now, the practice of the sessions, in stating a case for the opinion of the Court of Queen's Bench, appears to be no more than their voluntarily putting a statement on the face of their order of the facts on which it is grounded, in order that the Court of Queen's Bench may, when the order is brought before it by certiorari, be able to judge whether it is legal or illegal; and the Court, seeing that statement on the face of the order, will either confirm or quash the order, as it may in its opinion be legal or illegal.

Where the sessions have granted a case (whether the subject be a pauper's settlement or any other) for the opinion of the Court of Queen's Bench, it is usually drawn by the counsel for the party at

whose instance it was granted, which is of course the unsuccessful party; the draft or a fair copy of it is then handed to the attorney for the other party, whose counsel peruses it on his behalf; if the counsel for both parties agree on the case they sign it, and it is then handed to the clerk of the peace; but if they differ, it is then (in most cases) settled by the chairman of the sessions, who signs it, and it is then, as in the other case, handed to the clerk of the peace. If the chairman of sessions decline to settle the case, or either party object to his doing so, an application is then made to the Court at the following sessions to settle the case, and it is then settled.

When a case has been granted by the sessions for the opinion of the Court of Queen's Bench, the attorney for the party at whose instance it has been granted must take steps to remove the order of sessions (of which the case forms part) into the Court of Queen's Bench: this is to be done by obtaining a writ of certiorari; but before stating what steps are to be taken in order to obtain this writ, it is necessary to draw the attorney's attention to the circumstance, that the writ of certiorari must be applied for within six calendar months from the date of the order, conviction, or other proceeding sought to be removed by it, and in the case of an appeal, the six months runs from the date of the order of sessions, and not from the date of the original order, &c., appealed against; and the party applying for the certiorari must give six days' notice in writing of the application to two of the justices before whom the order, &c., was made, in order that they may show cause, if they think fit, against the granting of the certiorari. (Stat. 13 Geo. II. c. 18, s. 5.) It is to be observed that it is not sufficient that the notice be given within the six months; but it must be given so as to expire within the six months; for the application cannot be made till the six days have expired, and it can under no circumstances be