Mr Macasfcy moved for a rule nisi to vary_or rescind an order of |,j a Honor Mr Justice Chiipmnn on the ];»;{, «f IMiruiry UicordiT was (hat Mr ./runes Urc Ku'l foil should pty lo Mr Smvthits ]J"i7 Kh y,I, the balance of hh bill "of cutts, Mr .Smyt!u..H bi-in;,' at lib-rty, under the order lo 1-<ue cxecnswin. la .support. of the application, Mr Mu^.eey referred to fin affidavit !,y Mr Miohut-I Kid-tor; and con'endwl th-ir, there hnviti^ hr Cn a Imna fide, dir-pute t)L-:wc6i) Mr Nmythiei and ! Hent an to the bill of costs, the mat^e, nfiould hive b.en Jtft to a jury. The rule wa» gr.intul. Mr Srmthiis moved f O r a ru!c tiki, tiiat a writ of cer/iomri should i vmCt ( ii nc t C( ? to Mr A. R. (J. .Strode, It M., to return into the Supreme Court an inlnrmatiou forcmtlty to a liorde laid before him by James Nimon, ufraiimt John Currie, upt.-ri the 9th of February, and all pr< cr> dings there upon taken, with the obj-.-ct of the con viction beirm quashed. MrHmydiu-a nnd the r.fiiiliivit of Currie, -.vliich stated that he Inid been ajiprchendi'd on the ttth of Febrnary; that he was lu-hl to bail «> appear on the 11th, nnd did then appear that he was d:s^mr|.'td frfini custody ; that he was served with a summons rif-ain to ap pear to answer to the huik- charge on the 21 '-t; thai he pleaded that 1.-chad iih eaily btcu btf ire tlie Court on the s;;me cbarg.* but the plea was ovtrrub.-d, and he was con victed. MrSmythifs conlLinled tint the charge had b<i:ii dismi-iseil. ard that it w nor competent to proceed a-jainsr. the de fendant a (second time. lie referred to section Is, Kiit,-<.ocik>n -2, of the Justice of Ft ace Act, ISGG. There was no appeal n-rainst conviction, and it w.ih only by a writ of c-rtiorari, that the nntter could be brought up before the Court.
