Barnardiston king b the king and the inhabitant OF DRAKEMAST vide ante Mr  Abney come now to show cause and say that if this assessment be remove up it  be clear this court can not inquire into the irregularity of it by affidavit  that inequality be to be inquire into at the session and therefore the  assessment may be set aside in the whole or in part and even a new one make  Barnardiston king b er p accord to the discretion of the justice the only  reason therefore that can be give for remove up this assessment by certiorari  be that it may be relieve against in this court if any error shall appear upon  the face of it but that he observe may equal be do in a action of trespass or  replevin and the party have actual take this method and the matter be to be  try the next assize he say far that he apprehend no certiorari can lie in this  case by law the assessment be never lodge at the session it be only produce in  evidence there and be exact like other piece of evidence for notice be  constant give to the overseer to produce it as soon as the trial be over the  overseer constant take it back with they for which reason he submit it it be  impossible for the justice of the session to send it up Mr Fazacherley on the  other side say that whatever may be the practice at the session of allow the  overseer to take their assessment back with they yet still he submit that if a  certiorari shall go to remove this assessment it will be a contempt in the  overseer to withhold the assessment after that and this court may punish they  accord undoubted therefore this court may enforce their certiorari for which  reason the only question be whether the certiorari be proper to be award in  the present case he say if it be not he can not apprehend that this court can  proper make any determination whether the justice at the session have do right  in their determination the determination of the justice be find upon the  assessment the assessment therefore must be produce before this court can  judge whether such determination be right or not he do agree that this court  can not inquire into the merit of the assessment in point of fact but many  cause there be which may make the assessment bad upon the face of it if there  be such cause it be fit the assessment shall be quash if there be not it be  fit it shall be confirm and then there will be a very speedy remedy for  enforce the payment of this rate videlicet by attachment which be the case of  order of bastardy when they be confirm here and he observe that a certiorari  do issue out of this court to remove up such assessment mich Ann in the case  of the town of Marlborough in that certiorari there be the very word all men  one raft that certiorari be afterward return and file and be now produce in  court the chief justice say that undoubted this court be not judge of such  inequality of a rate as arise from matter out of the rate but they be the  proper judge of every thing make the rate bad which arise upon the face of it  Barnardiston king b and he remember a rate out of Suffolk be quash in Lord  holt time because it appear upon the face of it that a tenant be tax for his  stock upon the land for which reason he be of opinion that the assessment  ought to be return judge page and judge probin agree the same but judge lee  doubt accord this matter be order to stand over vide post