Barnardiston king b the king and the justice OF shrewsbury when a information  be move for against a justice of peace what shall be say to be sufficient  notice of such motion on rule to show cause why a information shall not be  grant against the defendant Mr fortescue say that the justice have not notice  give they of the motion at the time the rule for show cause be apply for and  therefore in point of form he submit it that it ought to be discharge Mr  fazakerly on the other side say that there have be a former rule make for show  cause why this information shall not be grant and at the time that rule be  move for a affidavit of notice be produce that rule be discharge mere upon a  exception take to the affidavit that the commissioner who they be swear before  be attorney in the cause for this reason he apprehend that the notice which  the justice have have be sufficient accord the court be of the same opinion  upon this Mr fortescue say that the substance of the charge against the defen  Barnardiston king b er p daunt be in the manner follow a poor rate be make by  the churchwarden and overseer of one of the parish in this town and sign by  two justice but at the session for the town which be hold the that of October  last the rate be quash at the same time the court of session quash this rate  they make a order upon the churchwarden and overseer to make another by the  that of that instant or else that the will make one themselves at that time  for this purpose they adjourn the session to a place call the exchequer in  that town where the public account of the town be general settle at and this  adjournment they give notice shall be on the that of that instant  beforementioned accord four of the justice meet at the exchequer at the time  appoint they there open their session and because the churchwarden and  overseer have not make a new rate within the time give they they make one  themselves and in that new one leave out ten person that be put into the old  one and put in several person that be not in the old one by the custom of this  borough every one that be rate to the poor have a right to vote for member of  parliament to represent it and it be swear by the affidavit which the rule for  show cause be make upon that it be believe the put these ten person out of the  new rate be do with a intention to hinder they from vote at the next election  this Mr fortescue say be the nature of the fact charge upon the defendant and  the complaint arise from it consist of two particular first that the justice  in their session have no authority to make a new rate second admit they have  such power that still they ought not to make use of it in such a manner and  with such design as to defeat any of the inhabitant of their right of vote at  a election to the first of these point he submit it that the justice have no  such power and for this purpose cite salk to the second he have a affidavit  from all the justice that the old rate be not a suitable one and that the new  one Barnardiston king b to the best of their judgement be in all respect fit  and just he do agree that there be no negative word in this affidavit that the  new rate be not make with a view to the next election but whatever the view be  he submit it that as the rate be swear to be fit and just the court will not  inquire into this matter any far Mr fazakerly argue on the other side and say  that no rule be better establish than where a appeal be give to the session  the application to they can be make in the first instance the reason of which  be that if such original application be allow the appeal of the party will be  take away which will be a manifest injustice he submit it therefore that the  insert those person into the new rate which be not in the old one be notorious  illegal this of itself be sufficient cause he say to have the present rule  make absolute but as it be not deny neither that this alteration be make with  a view to influence the next election he submit it that be a far reason why  this matter ought to receive a strict examination the whole court declare  their opinion that the appeal to the session by any particular person who be  include in the rate lie the whole of the rate open to the inquiry of the  session and when they have the rate before they they think the session have  full authority to make what alteration in the old rate they think proper and  thereby make a new one otherwise judge page say if they shall quash the old  one and make no new one the poor in the mean time will be leave starve at  least the court say they will not determine a point of law of this nature  against the justice upon a information if what the justice have do be illegal  judge page say the party have his remedy open against they by indictment or by  bring a action against they for so much money have and receive to the party  use as they have levy by this rate accord the rule be discharge