nical objection, without costs, and, under the circumstances of the case, an amendment was not allowed. (a) Where a rule nisi was obtained, to shew cause why a certiorari should not issue to quash a conviction, it was held that the rule was properly entitled "In the matter of T. B.," and that it need not state into which Court the conviction was to be removed, for this was sufficiently shewn by entitling it in the Court in which the motion was made. After the rule nisi for the certiorari is made absolute, affidavits, etc., should be entitled "The Queen against A. B.," etc., but, before, they are properly entitled "In the matter of A. B." (b)

On applications to quash convictions, the convicting Justice must be made a party to the rule. (c)

The writ of certiorari, issuing under the provisions of the 12 Vic., c. 41, must be addressed to the Justice of the Peace making the conviction, and not to the bailiff effecting the service of such writ, and such writ of certiorari addressed to the bailiff is a nullity, and will be superseded. (d) So a writ of certiorari, addressed to the superintendent of police, and which ought to have been addressed to the Judge of the Sessions of the Peace, according to the provisions of the 25 Vic., c. 13, s. 1, will be set aside. Another writ will not be awarded, on motion to that effect, to rectify the error in the address of the first writ. (e)

Under the 12 Vic., c. 41, the original writ, and not a copy, must be served on the convicting Justice; but it is not necessary to serve a copy of the writ upon the complainant. (f)

(a) Reg. v. Morston, 27 U. C. Q. B. 132.

(b) Re Barrett, 28 U. C. Q. B. 559.
(c) Reg. v. Law, 27 U. C. Q. B. 260.
(d) Reg. v. Barbeau, 1 L. C. R. 320.
(e) Piton and Lemoine, 16 L. C. R. 316.
(f) Ex parte Filiau, 4 L. C. R. 129.

A writ of certiorari will be quashed where a copy only of the writ has been served on the convicting Justice, and his return made thereon. (a)

Where a conviction had been brought up by Habeas Corpus and certiorari, under the 29 & 30 Vic., c. 45, when, by the provisions of the 32 & 33 Vic., c. 31, no such writ could issue, it was held that it could not be quashed, but the Court could only discharge the defendant. (b)

The conviction being in Court, however, brought up, the Court might be obliged to consider it as upon a certiorari, issued at the common law, so long as it was regularly in Court. (c)

The 71st section of the 32 & 33 Vic., c. 21, as amended by the 33 Vic., c. 27, does not prevent the removal of the conviction by certiorari. (d)

The defendant cannot, by motion, compel a petitioner for certiorari to proceed upon such writ, but the proper course for the defendant is to issue a procedendo. (e)

A judgment of the Superior Court, rendered on a writ of certiorari, is a final judgment, (f) and, under the circumstances, in this case, it was held that no appeal lay from such judgment to the Court of Queen's Bench, as constituted in Quebec. (g) It seems that no appeal will lie from a judgment rendered on a writ of certiorari. (h)

The return of the notice of motion for a writ of certiorari may be made by a bailiff; but, if under his oath of office, it is insufficient. Such return must be proved upon oath, as required by the 13 Geo. 2, c. 18, s. 5. (1)

(a) Ex parte Lahayes, 6 L. C. R. 486.

(b) Reg. v. Levecque, 30 U. C. Q. B. 509

(c) 16. 513, per Wilson, J.; Reg. v. Hellier, 17 Q. B. 229; Reg. v. Hyde, 16

Jur. 337.

(d) Reg. v. Levecque, supra, 512, per Wilson, J.

(e) Ex parte Morisset, 2 L. C. R. 302.

(f) Boston and Lelievre, 14 L. C. R. 457.

(g) Ib.

(h) Bazin and Crevier, Rob. Dig. 28.

(i) Ex parte Adams, 10 L. C. J. 176, overruling ex parte Roy, 7 L. C. J. 109. A Justice has no right to refuse to make a return to a writ of certiorari, because the fees due in such case have not been paid, but a rule nisi, for an attachment, will not be issued de plano without previous notice to the Justice. (a)

A motion to compel a Justice to return the original papers, under a writ of certiorari, will be granted without costs against the Justice. (b) But, in one case, such motion was granted with costs. (c)

Full faith and credit will be given to a Justice's or officer's return to a writ of certiorari, and, if the return shew that the conviction was had upon the confession of the defendant, the latter will not be permitted to go behind the return, and shew, by affidavits of parties, that he made no confession, and that the return is false, and that the conviction was really had without any proper confession whatever. (d)

It would seem that, if material evidence, given before a Justice, is omitted from the return to a certiorari, because he neglected to note it when given, either unintentionally or because he thought it, at the time, to have no particular bearing on the case, he might be allowed to amend his return by setting it out as part of the written evidence, if he remembered what it was, and if both parties concurred in the correctness of the addition; but, after the evidence has been returned, the Justice could be allowed to amend the notes from his own recollection, only with the concurrence of the witness, if he had signed the deposition. Though particular evidence may have been given before the Justice, the Judge cannot, on the return to the certiorari, act upon such evidence, if it is not re

(a) Ex parte Davies, 3 L. C. R. 60.
(b) Ex parte Demers, 7 L. C. R. 428.
(c) Ex parte Terrien, 7 L. C. R. 429.
(d) Ex parte Morrison, 13 L. C. J. 295.

turned with the certiorari, and there is no affidavit stating that such evidence was given.

Evidence given before the Justice, but not returned in obedience to the certiorari, cannot be supplied by affidavits. (a)

Where a certiorari simply requires a return of the evidence, the Justice need not return the conviction, or a copy of it. (b) If the Justice should have returned the conviction, but had not done so, he would be allowed an opportunity to do so, and amend his return. If he had already returned the conviction to the Clerk of the Peace, he might shew that fact, or he might transmit a copy of it instead, stating why he could not return the original.(c) If the Justice did not truly return the proceedings, he would be liable for making a false return. (d) A return of affidavit and warrant only is insufficient. (e)

A party appearing to support a conviction cannot object to the cause being proceeded with, because the Justice's return to the certiorari is not under seal. (f)

In a case where, owing to a mistake in the Crown Office, a rule to return a writ of certiorari, and afterwards a rule for an attachment issued, although a return had, in fact, been filed-more than six months having thus expired since the conviction-the Court were asked to allow process to issue against the Justice for the illegal conviction, as of a previous term, but the application was refused. (g)

Where a rule nisi for a certiorari, to remove a conviction, is discharged, the successful party is not entitled to the costs of opposing the rule. (a)

Where an objection is taken that there is some irregularity in obtaining the allowance of a certiorari, or in the issue of the writ itself, if moved against as a substantive matter, the Court might give an opportunity to amend; but if urged against the quashing of a bad conviction, no such opportunity is afforded. (b)

In shewing cause to a rule nisi to quash a conviction, it was objected that the recognizance roll was irregular, being dated in the 32nd year of the reign of Her Majesty, while the conviction was in the 33rd; but held that this was only ground for a motion to quash the certiorari, or the allowance of it, and that it could not be shewn as a defect against quashing a bad conviction, and, semble, the objection to the recognizance could not be taken at that stage of the proceedings. (c)

The exercise of jurisdiction, in each of the Circuit Courts of New Brunswick, is not entirely confined to one particular Judge, so as to exclude any other Judge from sitting and holding the Court, should occasion require; but the Court, on every day on which it sits, is to be holden before some one of the Judges of the Supreme Court. (d)

Where a Circuit Court is adjourned to a future day, in consequence of unfinished civil business, the criminal jurisdiction of the adjourned Court is not confined to the trial of offences committed before the adjournment, or of indictments previously found. (e)

(a) Ex parte Daley, 1 Allen, 435. See as to costs, Reg. v. Ipstones, L. R. 3 Q. B. 216.

(b) Reg. v. Hoggard, 30 U. C. Q. B. 156-7, per Richards, C. J.

(c) Ib. 152.

(d) Reg. v. Dennis, 3 Allen, 425. per Carter, C. J.

(e) Ib. 423.