
    *The People against Valentine.
    On the return of a certiorari, to the oyer and terminer, of the proceedings in the case of an indictment for a nuisance, this court refused to interfere on a motion for a writ to prostrate the nuisance, until a record of conviction was regularly made out and returned.
    The defendant was indicted for a nuisance, at a court of oyer and terminer in the county of Westchester, convicted and fined. The proceedings were now brought up by certiorari into this court, and Golden, on behalf of the people, moved for a writ to the sheriff, commanding him to prostrate the nuisance, &c. A formal record of the conviction did not appear.
   Per Curiam.

Whatever may be the merits of this application, we cannot interfere,, until the record be regularly made ' out and returned.

Rule refused.  