A notice is not necessary. We are of opinion, however, that the court may, in their discretion, grant a certiorari in the first instance, upon motion, ór if from the peculiar circumstances of the case, they should consider it necessary, direct a rule to shew cause. This is a novel case, of great importance, many questions may arise as to the most correct course of proceeding, the court therefore think it proper to direct a rule to shew cause.