case wright against sharp the court will grant a peremptory mandamus after  judgement for the plaintiff in a action for a false return although a bill of  exception be tender at the trial S c salk S c holt a action on the case for a  false return to a mandamus a verdict and judgement for the plaintiff a motion  be make for a peremptory mandamus Mr page oppose the motion because a bill of  exception be tender for refuse a book to be give in evidence on the part of  the defendant but note nothing be mention of a bill of exception at the trial  nor anything do in it until after verdict Powell justice upon the make this  motion be of opinion that whether the bill of exception be mention in time or  not that it shall not stop a peremptory mandamus if a motion have be make for  a new trial it will have hinder it and a new trial will have be grant for  refuse of evidence but be say if a writ of error have be bring it will not  stay the peremptory mandamus and therefore a peremptory writ be grant per  curian and as to the tender the bill of exception be say some minute of it  shall have be draw up at the trial and the counsel on both side shall see it  and set their hand to it to put it out of all dispute afterward that the  statute Westminster the second say to scratch exception which must be  understand to be at the trial but this point be adjourn to be speak to by  counsel afterward at another day this term Mr Eyre for the bill cite the  register where the writ to compel the modern report judge to set his seal  mention no time but when it shall be demand and it be very probable if it  shall be do at the trial it will appear in the writ he cite raze Ent f n b the  old f n b letter n No notice take of the time of the prayer of it raym and  beside be say the party be not aggrieve until after verdict page also speak to  the same effect sir Edward Northey against the bill of exception argue from  the inconvenience that will attend such practice if it shall be allow that  after a trial in a long vacation they may come and tender a bill of exception  when the judge who try the cause have quite forget the thing insist on and so  no man that have a verdict can ever be secure Mr Raymond of the same side say  that this be a plain case by the very word of the statute and that minute  shall be take of it at the trial just like a special verdict and demurrer to  evidence as to the objection make by Mr Eyre that no time be mention in the  writ in the register he say it pursue the word in the statute Westminster the  second c this case if it shall be allow will be of very ill consequence upon  this account suppose a dispute arise at the trial whether such a one shall be  allow to be a witness for I and upon debate the court admit he to give  evidence and after the trial be over you come and tender a bill of exception  because he be allow evidence I be hereby preclude from other evidence whereas  if you have mention it at the trial I may have have evidence enough without he  to have have a verdict and so shall not have insist on he if this practice be  allow no man be safe though he have a verdict holt chief justice if evidence  be not allow and you have think of modern report er p tender a bill of  exception minute must be take of it at the trial and there be no need that it  shall be put into form it be just like take minute of a special verdict or  demurrer to evidence the party must join in demurrer but that be all in minute  but modern report as to matter of form that be do afterward and then when it  be do it have a retrospect as if it be do at the trial and in this case the  judge be judge of the evidence and when he have give his judgement if you say  nothing to it nor except against it you submit to his judgement and if you  come after the trial be over it be too late for his authority be determine as  to the inconveniency of such practice he say suppose after the trial be over  some time the counsel come and tender a bill of exception to the judge he it  may be have forget the thing insist upon at the trial the counsel say he  remember it and so if the judge do not remember it a action shall be bring  against he and so the counsel memory shall arraign the judge he also say when  it be put in write at the trial it shall be leave with a officer of the court  Powell justice say it must be pray at the time of the trial when the exception  be overrule and the cause may go on nevertheless for only the substance of the  exception be to be take down at the trial without regard form and that to  scratch exception must be understand to be do at the trial powys and gold  justice be of the same opinion with the chief justice and justice Powell they  refuse to sign the bill the cause be try before they at Westminster at the sit  for Middlesex