case peats case previous to the whether c a dissenter may be prosecute in the  county in which he reside though qualify in another SC post SC salk Peat be a  preacher to a meeting of dissenter and have qualify himself as such accord to  the toleration Act will mary c a in one county remove from thence into another  county and set up a conventicle there without any further qualification  whereupon a justice of peace convict he upon the statute of conventicle car c  b the attorneygeneral in his behalf move for a attachment against the justice  for a contempt of the toleration Act allege that a qualification in one county  be a qualification all over England but per curian the Act of conventicle be  still in force and the justice of peace have power of execute it against such  as do not qualify themselves accord to the toleration Act which Act only  enjoin the justice of peace to acquit such as do comply with the Act of  toleration so they be judge of the matter if they modern wrong you you have  your remedy by certiorari it be settle that a certiorari will lie upon this  statute king v Morley and other burr a or appeal to the session where the  whole fact may be beard and examine over again which examination of the fact  shall be final by the very word of the statute and if they err in a matter of  which the law make they judge it will be most unreasonable to grant a  attachment for such error the attorneygeneral then move for a mandamus to the  justice to suffer he to preach there be qualify himself accord to the Act of  toleration but the court deny it for a mandamus be always to do some act in  execution of law but this will be in the nature of a writ de non molestand and  that contrary to a conviction stand against you which shall be look upon as  legal while it stand then they move for a mandamus for the justice to take  security from he not to become Chargeable to the parish which be also deny for  that matter be only to be upon complaint of the churchwarden and overseer of  the poor and they hold that by the toleration Act it suffice not that the  licence of such preacher be enrol at the quartersession of one county to  enable he to preach in any other county but it ought to be at such  quartersession as will otherwise modern er p have conusance of the matter upon  the statute of conventicle and that be the session of the county where the  fact be commit but by whether c S if a dissent minister be qualify accord to  the toleration Act he may officiate in any congregation although the same be  not in the county wherein he be so qualify provide the meetinghouse have be  register and a certificate of his have qualify leave with the clerk of the  peace of the county in which he qualify see also Geo c hawk p c ch sect to  that edition b then they move for a mandamus to the session to state the fact  special but it be deny for that the statute exclude all other from examine the  fact and final they move for a procedendo to a certiorari already bring by  they in order to appeal to the session which be grant