case the queen against Jennings in a indictment for not serve the office of  constable state that he be duly elect all a court leet it shall be presume  that he be elect to the office of high constable S c ante Mr Raymond move to  quash a indictment against the defendant for refuse to take upon he the office  of a high constable although debt is owed et of modus dainties not say to what  at a courtleet hold for the hundred of Farnham on the sixteenth day of  September the exception he take be first that it be not say to what he be  elect only although debt is owed et of modus dainties c say non allocatur for  per curian it shall be presume that it be to the office of a high constable  second it be say dainties to be at a courtleet hold on the sixteenth of  September now great Charta c enact that all leet shall not be hold nisi bis in  year once within a month after easter and the other within a month after  Michaelmas a see dyer hark   light notorious facts hawk p c ch S and a and  this court be say to be hold on the sixteenth of September and they have n t  lie any prescription to hold it at that time contrary to the statute sir  Edward Northey say that so it be in the case of king v king a keb a but there  the court hold the indictment good notwithstanding Raymond answer that the  reason of that case be because by the plead over they have admit it but here  we have plead not guilty holt chief justice say that a admittance by plead to  a indictment do not make the indictment good as it will a declaration modern  report sir Edward Northey likewise say that one may prescribe to hold a  courtleet at another time than be name in great Charta and it shall be presume  that this be so holt chief justice and the court answer that indeed one may  prescribe so but unless that prescription appear it shall not be presume b see  partridge case cro Elizabeth S c Leon porter v grey cro Elizabeth king v king  keb Dakins case sand Fletcher v Ingram ld ray king v Barnard ld ray S c Mod S  c skin hawk p c that edit c S and Mr hargrave note and to   light a b also  when a present modern report er p mean in a leet be remove by certiorari the  style of the court must be set out exact but there needs no such nicety in  plead c king case cro James see also Bac Abr c and the indictment be quash