case the duchess OF portland against win in what case the court will refuse to  grant a certiorari to commissioner of sewer the duchess of Portland lie out a  considerable sum in repair sea bank that lie between Mr win estate and she and  then get a order of the commissioner of sewer to charge Mr win with his  contributory share Mr win apply to modern this court for a certiorari to the  say commissioner to move all order relate to the repair of all sea bank  between the duchess of Portland and himself and also to the repair of the east  and west marsh sea bank upon a affidavit that all the say sea bank be in good  repair and that there can be no danger in remove the say order upon a rule to  show cause the duchess produce a affidavit that subsequent to the rule grant  the embankings of the east and west marsh sea bank be very much damage from a  very high spring tide the court have always be cautious in let these certiorar  take effect it be upon this account that the application be always upon  affidavit and then there be a rule to show cause why they shall not go whereas  in other case they go of course see the case of the commissioner of sewer for  Yorkshire stram fort Mod a and this rule be grant to the intent that the court  may judge from what be offer by the other party whether any inconvenience may  follow upon the certiorari issue and further upon the return the certiorari be  not file without give the party another opportunity of lie before the court  his exception for if the order remove be good the court may grant a procedendo  before fill of they which they can do afterward the writ may be take off the  file because improvident to flow out burr burr hawk p c ch S notice b and the  party also before fill may show once more whether there may be still any  inconvenience that may arise to the property of people lie upon the same level  for if any real danger shall be manifest to the court it will not suffer the  order to be file for thereby the hand of the commissioner be close and there  will be a suspension of their jurisdiction until this court have come to some  determination about those order although the bank may be in the last danger  and want the interposition of the director in June last it be swear that the  bank in the rule be in good repair but subsequent to that it be swear modern  er p that the east and west marsh sea bank be very much damage by a strong  tide and the rule extend not only to remove the order of the commissioner  between the duchess and Mr win but also all order relate to the east and west  marsh sea bank which appear to the court to be in a very dangerous state  therefore we can make this rule for a certiorari absolute for suppose the  commissioner upon this general rule have return only the order between the  duchess and Mr win and have omit certify the order relate to the east and west  marsh S a bank they will certain have be in contempt but if this general rule  be withdraw we will not scruple to grant a certiorari to remove the order  between the duchess and Mr win in regard to this contribution therefore let  the rule be discharge