case the king against austin a order of justice for the suppress of a alehouse  must state the county in which the alehouse be situate for the county in the  margin refer only to the place where the order be make but it need not aver it  to be a common alehouse or state that the party be summon S c Sett Rem S c  fort a order of session be make to binder the defendant from sell ale and the  exception follow be take to this order first that it do not appear by the  order that it be a common alehouse every alehouse may not be a common alehouse  second it do not appeal that the defendant be summon or present when this  order be make three the county be only in the margin and not in the body of  the order so that it do not appear in what county this alehouse be which be  necessary to the jurisdiction of the justice order of settlement for removal  of poor person be ill without show the place from which they be remove to be  within the county Sett Rem pl Sess case pl a as to the first exception it be  answer that every alehouse be a common alehouse as to the second exception  that he be not summon to appear before the justice it be true a summons have  be necessary if the statute Edward c have not give the session or two justice  a absolute power to put down alehouse at their discretion so that where they  have air unlimited power it be not necessary to set forth any summons in their  order neither be a summons ever set out in order modern report er p but in  conviction for deerstealing or the like where great fine be impose there it be  usual to set forth that the party be summon but it be not so in order for  bastardy as to the three and most material objection that the county be not in  the body of the order but only in the margin it be say that it be not  necessary it shall be in the body of the order because it be no crime to keep  a alehouse it be true in all criminal case either upon indictment conviction  or order if the county be only in the margin and not in the body of the order  the proceed ought to be quash and so it have be resolve several time as in the  case of the king v Sheringham easter term Geo b and the king v marsh because  the county in the margin show only that the order be make in that county but  not that the alehouse be there or that the person who keep it live in that  county so that the justice of the county have no jurisdiction Pratt chief  justice there be no difference between a alehouse and a common alehouse if a  alehouse be suppress for any disorder salk d or offence commit by the party he  ought to be summon otherwise when it be suppress by the discretionary power of  the justice see king v Allington stram king v Athony burr e a alehouse may be  suppress as Lord hale say if keep in a inconvenient place the order do express  it to be a disorderly house and a common bawdyhouse fortescue justice it be a  question in Lord holt time whether justice be bind to give a reason why they  suppress a alehouse see king v young burr king v William burr b he be of  opinion they ought because the party have a right or interest vest in he by  the licence salk c here a reason be give it be a disorderly house I do not  remember it have ever be hold necessary to show a summons upon these  conviction the distinction have be between mandamuss and conviction by reason  of the greatness of the punishment in a order of bastardy a summons be never  show the queen v king d and Parker chief justice say the objection have be  often take to order of bastardy but never prevail a conviction of deerstealing  say have be summon be sufficientRex v Simpson stram e Pratt chief justice  major sit a minus non full be the punishment great or less it make no  difference the party in each case ought to be summon and the summons ought to  be set out Raymond justice I remember upon a motion of my own a objection for  want of a summons be take to a order for suppress a alehouse but the order be  confirm the distinction take by fortescue justice seem very reasonable modern  report the court demand of the secondary how the precedent be in such case he  answer that the court be divide as to this matter in a case between the king v  glegg ante f which be in a case of bastardy and that the name of the county in  the margin have be hold good in some order of removal the court the three  exception be fatal in all criminal prosecution it will not be sufficient to  put the county in the margin for that can only prove the order make by the  justice of that county but be no argument that the fact be commit in that  county No difference between indictment and order king v martial Trinity land  in b r Geo g this be a criminal prosecution for it be adjudge a bawdyhouse and  suppress as such Adjournatur it be say S c fort that on consultation and  precedent the order be quash on the three exception ld ray h modern report er  p