case the king against smith and other a bill of exception will not lie in the  court of king bench on a trial at bar say queen resolve per curian in this  case that a bill of exception lie not in this court upon a trial at the bar  for the word be he shall have remedy in person lord ring which extend not to  themselves to overrule their own judgement and therefore extend only to nisi  prius and inferior court it be true in the case shower KB of Enfield v hill a  in this court on a trial at the bar a Canterbury cause upon a mandamus there  be one seal but at the trial there be only two judge present Rainsford and  Jones justice but Jones justice doubt then although if they determine the  matter then they can not proceed he therefore do submit to the Lord chief  justice and afterward it be so strong doubt that they never proceed to get any  determination to this day b it seem to lie at the session c or sheriff court  and be make part of the record c hold likewise in this case that if the  sheriff be indifferent and die and another be make sheriff who be  challengeable there may be a suggestion thereof upon the roll and so the writ  direct to the coroner and that although there be a writ regular direct to the  sheriff at first and a non to cause to go breve a lev Jones keb b see the  statute Westminster the second c Inst c but see the case of king v Preston on  the hill burr SC and Mr Consts edition of bott poor law vol two p where it be  determine after great deliberation that a bill of exception will not lie at  session shower KB er p if several person be defendant and issue be join as to  several and this go to trial if the sheriff be a defendant though not one of  they that join issue yet the venire ought not to be to he in this case the  information be against several ten of they plead to issue and a venire facias  to the sheriff and a non to cause to go ind breve then the other defendant  plead to issue whereof the sheriff be one then a suggestion be make upon the  roll thereof and thereupon a venire be award to the coroner and hold good and  that it shall be so for if the sheriff have return the venire it may have be  challenge off at the trial and judgement be give upon this against they for  the king