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On the 10th of November, 1724, he was by Certiorari removed to the bar of the Court of King's Bench, at Westminster. An affidavit being made that he was the same John Shepherd mentioned in the record of conviction before him, Mr. Justice Powis awarded judgment against him, and a rule was made for his execution on the 16th.
"Well, madam, that is but another proof of the fact which I assert." "How, indeed?" "It is on the prosaic and repulsive subject of the Certiorari." And Mr. Roundjacket smiled after such a fashion, that it was not difficult to perceive the small amount of sincerity in this declaration. Miss Lavinia looked puzzled, and fanned herself more solemnly than ever.
Governor Roberts, himself formerly a Judge, could not be checked by the devices of the opposition but asked Attorney General Thompson to place the matter before Chief Justice D. L. Lansden of the State Supreme Court. He issued a writ of supersedeas and certiorari, which, taking the matter out of the jurisdiction of the Chancery Court, amounted to a dissolving of the injunction.
"Yes, sir! his abominable, trashy, revolting poem, called 'The Rise and Progress of the Certiorari. The consequence of all which, is here's my horse; find the martingale, you black cub! the consequence is, that my office work is not done as it should be, and I shall be compelled to get another clerk in addition to that villain, Roundjacket." "Why not exchange with some one?" "How?"
It was a sort of primary jury, and each could point with pride to the vast collection he had made of things he did not know, and had not formed or expressed an opinion about. If one did not like the verdict of this court, he could appeal to the king on a certiorari or some such thing as that.
Rushton's entrance does not attract his attention; he continues to brandish his ruler and to repeat his poem. Mr. Rushton bestows an irate kick upon the leg of the stool. "Hey!" says Roundjacket, turning his head. "You are very busy, I see," replies Mr. Rushton, with his cynical smile, "don't let me interrupt you. No doubt perusing that great poem of yours, on the 'Certiorari." "Yes," says Mr.
Generally the relief available is confined by s. 4 to that which the applicant would have been entitled to in any one or more of the proceedings for mandamus, prohibition, certiorari, declaration or injunction; but there is a relevant exception in s. 4 whereby if the applicant is entitled to an order declaring that a decision made in the exercise of a statutory power of decision is unauthorized or otherwise invalid the Court may set aside the decision instead.
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