
    May and Daniels, vs. Keep.
    The Supreme Court have authority to grant the common-law writ of Certiorari, returnable bofore it, on a judgment rendered by a Justice, and will exorcise that function, in case an execution shall have been issued on the judgment and made returnable before an intervening term of the Circuit Court in the jurisdiction of which the . matter arose; upon security by bond being filed with the Clerk. ■
    But cause must be shown to this Court, on applying for this writ» setting forth good cause why the application is made hére, instead of applying to the Circuit Court.
    This was a motion made before the Supreme Court at the June term, 1849, for the allowance of a common-law certiorari, to remove the proceedings and judgment of the Justice before whom the same was tried, to this Court. This motion was founded upon a petition showing a judgment rendered against the applicants by the Justice, and also the errors in the proceedings and judgment before him, and showing also an excuse on the part of the defendants, for not having availed themselves of the benefit of an appeal from the judgment, to the Circuit Court, The petition prayed the allowance of the common-law certiorari, by this Court, because the Circuit Court within the jurisdiction of which the matter arose, would not be in session before the execution already issued on the judgment would be returnable.
    
      J. A. Sleeper,
    
    in support of the motion, produced the following authorities: Session Laws of 1844, Sec. 4, page 17; Sections 3 and 8 of article 7, of the Constitution; 5 Wendell’s R., 98, 7 do., 667 and 508; 7 Cowen’s R., 537; ty Wendell’s R., 433.
   The Court

determined that it had the power to authorize the issuing of the writ; but in ordinary cases would not feel itself bound to allow it indiscriminately, where there was an opportunity of making application to a Circuit Court at a term of such a Court, and in accordance with this view of the case ordered that the writ issue in case a bond should be executed and .hied with the Clerk by the parties .making this motion.  