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![handle is hein.slavery/ssactsengr1003 and id is 1 raw text is: TERM. MICH. 6 GEO. I. 1732
[214] ANONYMUS. How far a writ of inquiry shall be said to be unduly
executed in respect of the time of the execution of it.
On motion by Mr. Theede to set aside a writ of inquiry for its being executed at
half an hour after 12, whereas the notice was for executing it between 10 and 12.
The Court was of opinion, that the party ought to have staid an hour after the time
mentioned for executing it. Accordingly refused the motion. Chief Justice absent.
THE KING AND HAYWARD. How far a person's own recognizance shall not
be taken alone without other sureties.
Mr. Hayward moved, that the defendant's own recognizance might be taken to
answer interrogatories; he being one of the filacers of the Court. Judge Page said,
that formerly their own recognizances used to be taken upon such occasions, but not of
late. Accordingly two persons were bound sureties with him, their recognizance in
201. each ; his own in 401. Chief Justice absent.
ANONYMUS. How far a certiorari may be granted to Justices of Oyer and Terminer,
in order to remove up an indictment for a misdemeanor.
Mr. Fazakerly moved for a certiorari to remove an indictment for a nusance
found at the assises in Shropshire. He did agree, that regularly speaking the Court
does not grant these certiorari's; but the reason for asking it in this case, he said,
was, because the defendant wanted a view; which he could not have granted him at
the assises. Accordingly the Court made a rule to show cause.
DANIEL AND PUIRKURST. When the Court sets aside a verdict that is had
upon a writ of inquiry, how far costs are to be paid or not.
Mr. Parker moved to make a rule absolute for setting aside a writ of inquiry, and
that without costs, by reason that the jury had found a verdict for the defendant,
whereas they necessarily ought to have found for the plaintiff, though they had
given but a penny damages. Regularly speaking he did agree the party must pay
costs, where he moves to set a verdict aside ; but in the present case the jury have
found a verdict contrary to the record ; and in such case the Court of Common Pleas
lately set a verdict aside without obliging the party to pay costs. The name of that
was The Earl of Rochford and The Bishop of Norwich, in quare impedit, Trin. 5 Geo. 2.
The plaintiff there had a verdict at the assises; a writ of inquiry was afterwards
awarded to inquire of the value of the church, and of the other matters in pursuance
of the Statute of Westminster. Upon that writ of inquiry the jury found, that
there was no such church as that in question, On motion to set aside that inquest,
as being contrary to the record, the Court did [215] set it aside, and that without
costs. Judge Lee said, that in the famous Bewdley case, the Court made the party
pay costs, that moved to set aside the verdict; though the jury gave it expresly
contrary to the direction of the Court. But Judge Page said, suppose the issue was
between A. and B. and the jury find a verdict for C. he thought the Court would set
that verdict aside without costs. The Chief Justice inclined too to be of opinion,
that there ought to be no costs in this case. However enlarged the rule. Vide post.
ANONYMUS. When a person is committed for being a loose, idle and disorderly
person, how far the Court will bail in such kind of cases.
Ann Black, a negroc, had been committed to Bridewell by a justice of peace; and
now upon a return to a habeas corpus the form of the commitment appeared to be, to
require the keeper of Bridewell to keep this woman in custody for assaulting her
master, and being a loose, idle and disorderly person, for want of sureties to keep her
in custody. Mr. Kettleby moved that she might be bailed. He said, this was a
commitment by one justice of peace, and as he thought, clearly no conviction. Mr.
Reeves on the other side argued, and submitted it, that one justice of peace had a
K. B. xxiIi.-15*
2 BARN. K. B. 214.](ViewImageLocal?handle=hein.slavery/ssactsengr1003&div=1&collection=&method=preview&ext=.png&size=3)