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At the Michaelmas Sessions 1809, as I have before stated, a Bill of Indictment was found against me, for an assault upon Stone, the ruffian gamekeeper of John Benett, Esq. of Pyt House, which indictment was moved by a writ of Certiorari, into the Court of King's Bench. Michael Hicks Beach had also commenced an action against me, in the name of Mr.
Mac was sent to Fort Columbus for safe-keeping while counsel were vainly arguing on new writs of habeas corpus and certiorari, but before any conclusion could be reached, he was hurried away by his custodians.
Maddocks, and myself, have had true bills found against us for a conspiracy to elect a Member of Parliament, and at the next Assizes the indictment will be tried." The grand jury brought in the "true bill" on Monday, August 9th. The trial did not take place at the Assizes then being held, and the indictment was afterwards removed by certiorari into the Court of King's Bench.
"The Certiorari, did you say, sir?" she asked. "Yes, madam one of our legal proceedings; and if you are really curious, I will read a portion of my unworthy poem to you ahem! As Mr. Roundjacket spoke, an overturned chair in the adjoining room indicated that the occupant of the apartment had been disturbed by the noise, and was about to oppose the invasion of his rights.
Now as to the court affair. If it is managed exactly as I have outlined, there will be no trouble and no recourse for the other fellows. When I say that, I'm leaving out your Supreme Court. Under certain conditions, if the defendant's hardship could be definitely shown, a writ of certiorari and supersedeas might issue. How about that?"
And, further, that jury would be a common one, consisting almost entirely of small tradesmen, the very worst class to try such an indictment. For these and other reasons I resolved to obtain, if possible, a certiorari to remove our Indictment to the Court of Queen's Bench; and as the first Indictment had been so removed, I did not anticipate any serious difficulty.
Vaughan's order, whereupon Mr. Bradlaugh promptly obtained from the Lord Chief Justice and Mr. Justice Mellor a writ of certiorari, removing their order to the Queen's Bench Division of the High Court of Justice with a view to quashing it. The matter was not argued until the following November, on the 9th of which month it came on before Mr. Justice Mellor and Mr. Justice Field.
Attorney-General 29 N.Z.L.R. 24, 37-38, suggests that once the report has been forwarded to the Governor-General it may be permanently beyond the reach of certiorari; this is perhaps a corollary of the view, to which we referred in the judgment concerning discovery in Environmental Defence Society Inc. v.
Bradlaugh obtained a writ of certiorari removing the indictment to the Court of Queen's Bench, where our case was put in the Crown List, and did not come on for hearing until two months after I was imprisoned on another indictment. Mr. Bradlaugh obtained the writ on July 29, 1882. It was during the long vacation, and we had to appear before more than one judge in chambers, Mr.
The registration officers of South Carolina acting under a similar provision of the constitution of that state required the Negroes who offered themselves for registration to understand and explain section 4 of article 5 of the constitution of South Carolina, which is as follows: "The supreme courts shall have power to issue writs or orders of injunctions, mandamus, quo warranto, prohibition, certiorari, habeas corpus, and other original and remedial writs, etc."