Barnardiston king b the king and the justice OF nottingham the certainty  require in a return to a mandamus what shall not be say to be a good writ of  mandamus which be direct to justice of peace a mandamus have be grant to  require the justice of the town and county of Nottingham to order the  churchwarden of the parish of saint mary in that place to pay to the  churchwarden of the parish of Kirdlington in Yorkshire such cost as be  reasonable expend by they in maintain one Henry bell between the time of his  be remove to they from the parish of saint mary by a order of two justice to  the time of such order be set aside at the quartersession for the say town and  county Mr fazakerly say that the justice have make a return but he apprehend  it be insufficient he say this mandamus be find upon the statute of Geo but  the return have not comply with it for the word of the return be that they do  order the churchwarden of the parish of saint mary to pay the sum of S to the  churchwarden of the parish of Kirdlington such sum accord to our direction be  reasonable pay by the churchwarden of the say parish of Kirdlington now he say  this sum of S may have be a sum which be reasonable pay by they but it do not  follow but there may have be more sum of the same nature and he submit it if a  action be bring against the justice for a false return and it shall be prove  upon the trial that there be such other sum the plaintiff can not recover  judge page say that he take it the legislature have entrust the justice with a  absolute power of judge in this matter and he do not think such action will  lie the court declare too that they think the return be certain enough but  afterward they take notice that by the word of the Act the very justice only  which allow of the appeal can assess the cost and therefore they think the  mandamus ought to be quash for order justice at another quartersession to do  this to this Mr fazakerly say that the word in this respect be to be construe  only by way of direction like the case of overseer however the court quash the  writ