case tempt Hardwicke baker and thompson although the record omit to state that  the cause be try before justice assign to hold the assize in and for c yet if  it appear by the award of the venire that they be call justice of assize it be  sufficient where in ejectment the premise be describe to lie in will et terr  de a the word et terr shall be reject and then in will alone hold well enough  ejectment in b r in Ireland and verdict and judgement for the plaintiff upon a  writ of error Parker except that it do not appear on this record that the  cause which be try before judge of assize be duly try for they be not describe  to be so for it be only say to be in person saint leggier and r Jocelyn just  commissionar domini king in pro cum pillage ad captain junta formal statute  whereas it ought to have be ad capiend assisas and to support this exception  he cite I Saiuders where a conviction before justice of peace which be say to  be in person t b and g b there duob justice domini king ad peace in come  predict conservand omit assignat for which omission it be quash he take  another exception for that it do not appear where the land lie they be say to  be in will et land de a which word land be of too uncertain a signification  but this last exception be immediate overrule for Lord Hardwicke c j say the  word land may be reject and the description in will alone be well enough but  on the other exception it be order to stand over for Lord Hardwicke c j say  perhaps they may set it right in Ireland but be again bring in the paper this  day case tempt Hardwicke er p Filmer for the defendant in error give this  answer that the award of the venire upon the roll be nisi the justice of  assize for the king county shall come c and the record go on et say beforehand  advance justice ad assisas in person who c cut back hic record in person the  dawn habit c and then come the record wherein be the omission so that here be  a affirmation of the court that it come from justice of assize Lord Hardwicke  c j I think this be a answer and as it be now record by the court below that  it be a record send up from justice of assize for we to allow a assignment of  error that the cause be not try before justice of assize will be to allow a  assignment to contradict the record below lee I by reason of omit the word  assignat in the case in sander sand sand it do not appear that they be justice  of peace and have jurisdiction judgement affirm