case tempt Hardwicke the king and inhabitant OF oulton child may gain a  settlement by live with the mother after the father death as they may by live  with the father before his death whether the session can be compel state a  case query refer to b v overseer of Walsall Q b d App Cas burr set Cas No No  Ses Cas pl upon a certiorari to remove a order of session which confirm a  order make by two justice for the removal of three poor child the order be  return which recite the order of the two justice and that there be a appeal it  be order that the say order be confirm and then they return that counsel apply  to the justice to state the fact special in the order which they refuse  whereupon the counsel humble deliver in their exception which say the return  be here subjoin the effect of which be that it be prove that the father of the  child hire a farm in the parish of Oulton of pound per and rend and the child  be bear there in lawful marriage and that his wife have a copyhold estate in  her own right in the parish of Burnham overy and after the father death the  child dwell three month with the mother there and then the estate be sell and  therefore they think the justice ought to have adjudge the child to be settle  in the parish of Burnham overy and upon this return in last easter term Abney  move to quash these two order and cite the case of the parish of Woodend and  Paulspury I Barnard b r ld raym fortesc Rep fol stram Ses Cas pl Michaelmas  and hill geo I SC but very different report I Barnard where it be adjudge upon  the authority of the ease of the parish saint George Southwark and saint  Katherine near the tower see Cas pl fortesc Rep Michaelmas I geo I that the  mother habitation upon her copyhold estate gain a settlement for herself and  child he likewise cite a case in that a bill of exception be to be allow in  criminal case which be not capital as well as in civil case tempt Hardwicke er  p Lord Hardwicke c j but this be not a bill of exception and the court will  not grant his motion because he have make no exception to the order itself for  that allegation of what be the fact prove be not part of the justice order but  only the allegation of counsel afterward he move for a rule upon the justice  to amend the return of the certiorari and now Dennison show cause for that the  return be a complete return they have return their whole order Lord Hardwicke  c j we make a rule to show cause in hope the party may have consent to have  the fact special state as part case tempt Hardwicke of the order but since  they do not consent I do not see what the court can do here be a order of two  justice regular make and confirm to which be subjoin a certificate of counsel  in form of a bill of exception and if the fact therein state be true to be  sure the justice order be have for it have be full settle that child may gain  a settlement by live with the mother as well as by live with the father but in  this case for aught we know the court may refuse to state these fact special  because they be not full prove I allow there be case where the court be order  the return to a certiorari for removal of order to be amend as where there  have be a mistake in state the adjournment of the cause or of the session but  what be now ask will be to alter the fact itself which I do not know that we  can do without consent page I the consequence of this will be to bring all the  fact into this court to be determine probin I I remember a case something like  this where the order be return and annex to it the examination on which the  order be ground but the court will take no notice of it it be no part of the  order nor refer to by it lee I if there be any method to make the justice  state the matter special and I have hear it say by this court that they be  compellable to do so it must be to be sure by bill of exception but as to bill  of exception to order of session see burr Sett can fol Str Const SC d rule  discharge