In this case a transcript of the shorthand notes of the testimony taken in the court below is sent up as part of the return to the writ of certiorari. There is no warrant for such a practice. There should have been a rule upon the judge specifying upon what points he should certify the fact or facts. The case of Smart v. North Hudson County Railroad Co., decided at this present term, applies to this case, and the practice there indicated will be followed here.