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![handle is hein.slavery/ssactsengr0974 and id is 1 raw text is: TERM. S. HILL. 8 WILL. 3. B. R.
And then the Court of B. R. was moved for a certiorari, and for an habeas corpus,
the one to remove the indictment, and the other to remove the person hither, which
was granted, tho' opposed by the appellant ; and about the later end of this term the
writs were returned ; and Lysle was brought to the Bar in custody; and the record
of the indictment, conviction, and also of the appeal, were likewise brought into Court,
and the returns filed, and Lysle was committed to the marshal.
Then it was debated concerning the matter of the appeal, (viz.) whether it was
necessary that the appellant should appear at that time in Court, and pray to have
the prisoner arraigned de novo upon the appeal; and if so, then whether it was
necessary for him to appear in propria persona, or whether he might do it per
attornatum.
Et per Curiam, In cases where an appeal is commenced below, and afterwards
removed, as in this.case, 'tis necessary that the prisoner should be arraigned de novo,
upon the same bill of appeal, and not to exhibit a new bill against him here in
custodia marr. &c.
And that the appellant was not demandable at this time, because by the certiorari
he had no day in Court, and therefore in such case the only course is, for the prisoner
to sue out a writ of scire facias against the appellant, reciting the whole matter, and
so to warn him to appear at a day certain, to prosecute his appeal in this Court; and
then if the appellant should make de-[395]-fault on that day, the Court upon demand
might nonsuit him, but not otherwise.
Sed per Curiam, The appellant may come in gratis, if he will, and prosecute his
appeal without a sci. fa.
Afterwards Hill. 8 Willi. the prisoner being brought again to the bar, it was moved
that he might be bailed, because he had laid more than a year in custody; and the appel-
lant refused to come in gratis to prosecute his appeal.
But this was opposed by the appellant, and a warrant of attorney was produced
from him, and it was moved, that it might be filed, and then the appellant would
proceed per attornatum.
But the Court at that time would not give leave to file this warrant, for they
were not satisfied whether the appellant could make his attorney or not before he
had once appeared here in propria persona, for afterwards it was clear he might make
his attorney ; for the defendant could not wage battle in this appeal, because he was
convicted of homicide, and this depended upon the construction of the Statute 1 H. 7.
Then it was moved in behalf of the appellant, that Lysle, before he was bailed,
on the conviction, might give bail on the civil side to answer the appellant.
Sed per Curiam, He shall be bailed on the Crown-side to appear de die in diem,
and that could be no inconveniency to the appellant; for he might proceed against
him upon the appeal at any time, and he was bailed accordingly.
Afterwards 1 die Febr. Lysle appeared at the Bar again, and then the Solicitor
General (by the procurement of Lysle) moved the Court in behalf of the King, that
Lysle might be demanded what he had to say why judgment should not be awarded
against him upon the verdict supra, and having procured the Ordinary to attend with
his book to be ready upon his praying the clergy.
But this was opposed by the appellant's counsel, for if clergy should be allowed
him, the appeal would be at an end ; because autrefoits convict of homicide, and clergy
had, is a good bar to an appeal.
And at another day he was demanded by the Court ut supra, and he prayed the
benefit of clergy, and had it, & legit ut clericus & cauterizatur.
[396] DALBURY & FOSTON PARISHIONERS IN COM. DERBY.
5 Mod. 330, S. C. Comb. 410, S. C. What notice is necessary to be given of a poor
man's coming into a parish. Vide 2 Salk. 533, 534, 535, 536. 5 Mod. 454.
Comb. 382.
Two justices made an order for the settling Robert Blood and his wife, reciting
that he was by trade a smith, and that at such a time he came from Dalbury, the place
of his birth, into the parish of Foston, and there rented a smith's shop of a small yearly
CARTHEW, s95.](ViewImageLocal?handle=hein.slavery/ssactsengr0974&div=1&collection=&method=preview&ext=.png&size=3)