BALCOM, J I did not understand when ISettled the bill of exceptions in this case, that any objection was made on the ground that IShould go to Cooperstown and have the other members of the Oyer and Terminer present on theSettlement of the bilL ISupposed the only ground of objection was, that the prisoner's counsel had no right to make a bill of exceptions, and have theSameSettled, after the adjournment of the Oyer and Terminer without day ; and IShall examine the questions now raised, on theSupposition that this was the only objection taken to theSettlement orSigning of the bilL If there was noStatute or rule authorizing theSettlement of cases and exceptions in civil actions,Subsequent to the adjournment of the Circuit Court, theSame could not beSet- tled after the final adjournment of that court, unless otherwise The law is theSame in regard to criminal actions ; and there is noStatute or rule that authorizes theSettlement of bills of exceptions inSuch actions after the final adjourn- ment of the courts wherein they are tried The practice always has been,So far as my knowledge extends, to have bills of exceptionsSettled andSigned in criminal cases before the final adjournment of the courts in which they are tried TheStatute authorizing exceptions in criminal cases is as follows : " On the trial of any indictment, exceptions to any decision of the court may be made by the defendant, in the same cases and manner provided by law in civil cases ; and a bill thereofShall beSettled,Signed andSealed, andShall be filed with the clerk of the court, and returned upon a writ of error, as now authorized in personal actions, or upon a certio- rari, as hereinafter provided, and theSame proceedings may be had to compel theSigning andSealing ofSuch bill and the return thereof" (2R, 736, 21)ThisStatute does not require the prisoner's counsel toServe a copy of his proposed bill of exceptions on the District Attor- ney, or authorize the latter toServe amendments theretO It seems to contemplate that the billShall beSettled andSigned in the presence of the prisoner, or his counsel, and the District Attorney, at the conclusion of the trial, or at least before the final adjournment of the court.

What isSaid inSection 23 (2 R, /&, 736), in regard toStaying judgment on the indict- ment,Supports this conclusion ; for there can be noStay of judgment until the bill of exceptions isSettled and filed with the clerk'.

And when judgment isStayed, it is " the duty of the District Attorney of the county immediately toSue out a writ of certiorari, returnable in theSupreme Court.

" (2 RSR736, 27)Provision is also made when the prisonerSues out a writ of error for having the case heard asSoon as practicable.

(2 R, 740 and 741)All theStatutes applicable to the review of criminal cases denoteSpeed; delays are guarded against, andSpeedy justiceSeems to have been contemplated by the legislature.