Page:Ruffhead - The Statutes at Large - vol 3.djvu/603

 A?.D. 1694. Anno quinto Gulielmi Sc Mari^. C. ir. 555 and fuch as are chargeable with and for the Repairs of London Bridge, which at the Expiration of the faid Term of kv^n Years fhall belong unto the faid Mayor, Commonalty, and Citizens thereof in their poli- tick or publick Capacity only) {hall be and are hereby charged and made fubjeft and liable thereunto. CAP. XI. An Aft to prevent Delays of Proceedings at the Quarter-SefTions of the Peace. ' '^X/'HEREAS it is experienced, that notwithftanding the Statutes made in tlie one and twentieths J<ic. ♦. e.-j, ' VV Year of the Reign of King y<7WM the Firft, and in the thirteenth and fourteenth and two and ' twentieth Years of King Charles the Second, concerning the gr?ntiiig of Writs of Certiorari, to remoei3 i 14 Car. i, ' Indiftments of Riots, forcible Entry, Alfault and Battery, and o.her Prefentments ajid Indidments ouf^- ^- h- • '■of the Courts of the General or Quarter- Seflions of the Peace, in the Counties or Places wherein fuch J"^"' '^^ '"' Indidlments have been found, and Proceedings thereupon recorded, into their Majefties Court of /oW'j-^' ''" '■'vdiere they and their Offences are well known, have not only obtai:ied Writs of Certiorari for removiiiO- ""fnch Indidtments found againft them as aforefaid, but al b Indidf. ents for fundry other Trefpaffes, Frauds., to the to their Remedy whereof, and that fuch Offenders may be brought to condign Puniihment, n. Be it enailed by the King's and Queen's moft Excellent Majeflies, by and with the Advice and Con-Ceitioran in fcnt of the Lords Spiritual and Temporal, and Commons, in this prcfent Parliament aficmbled, and by Term Time remove any fuch Indictment or Prefentment of Trefpafs or Mifdemeanor, before Trial had, from before' trte faid Juftices in the faid Courts of General or Qi^iarter Seflions of the Peace, unlefs fuch Certiorari fhall be granted or awarded upon Motion of Council, and by Rule of Court made for the granting thereof, before the Judge or Judges of the faid Court of King's Bench fitting in open Court, and that all the Parties indiiSled, profecuting fuch Cfr//orflr«, before the Allowance thereof, flaall find two fufficient Manu- ^^^'^ogn'zance „ . . . - any Plea relating thereunto, to be tried at the next Aflizes to be held for the County wherein the faid Indift- ment or Prefentment was found, after fuch Certiorari ftiall be returnable, if not in the Cities of London,'^^'^^P^ '" ^on- Time fhall be appointed by the Court, then at fuch other Time, and to give due Notice of fuch Trial to the Profecutor, or his Clerk in Court; and that the faid Recognizance and Recognizances, taken as afore- Certiorari faid, fhall be certified into the faid Court of King's Bench, with the faid Certiorari and Indiftment, to beS'-^ntcd witlioat there filed, and the Name of the Profecutor (if be be the Party grieved or injured) or fome publick Officer, '^';™g«"zance to be indorfed on the- Back of the faid Indiftment, and if thePerfon profecuting fuch Certiorari, being the™' Defendant, fhall not, before Allowance thereof, procure fuch Manucaptors to be bound in a Recognizance as aforefaid, the Juflices of the Peace may and fhall proceed to Trial of the iaid Indictment at the faid I III. And be it further enafted. That if the Defendant profecuting fqch Writ of Certiorari be convi<3ed Officers pmfc- I of the Offence for which he was indidled, that then the faid Court of King's Bench fliall give reafonablet^'if'^gAail have Cofls to the Profecutor, if he be the Party grieved or injured, or be a Julfice of the Peace, Mayor, Bailiff, <'°"^ Cd&i, Conftable, Headborough, Tythingman, Churchwarden, or Overfeer of the Poor, or any other Civil Officer, who fhall profecute upon the Account of any Fait committed or done, that concerned him or them, as Officer or Officers, to profecute or prefent, which Cofts fhall be taxed according to the Courfe of the faid Court, and that the Profecutor, for the Recovery of fuch Cofts, fhall within ten Days after De- mand made of the Defendant, and Refufal of Payment on Oath, have an Attachment granted againft the Defendant by the faid Court for fuch his Contempt ; and that the faid Recognizance fhall not be difcharged till the Cofls fo taxed fhall be paid. ' IV. Provided always, and be it ena(9:ed by the Authority aforefaid. That in any of the Vacations, CerJidrsri how '• V/nts-of Certiorari may be granted by any of the Juftices of their Majefties Court of King's Bench^ whofegrunraiiie in Names fhall be indorfed on the faid Writ, and alfo the Name of fuch Perfon at whofe Inilance the fame is "-'^itiujj. granted, and that the Party or Parties indifted, profecuting fuch CnY/orflr/, fhall, before the Allowance of fuch Writ or Writs of Certiorari, find fuch Sureties, in fuch Sum, and ivith fuch Conditions, as are before mentioned and fpecified in this prefent A<^, 4 B 2 V, And
 * Bench, divers turbulent, contentious, lewd, and evil-difpofed Perfons, fearing to be defervedly punilhcd
 * the Authority of the fame. That in Term Time no Writ of Certiorari whatfoever, at the Profecution of s""'^^ o"ly
 * any Party indided, be hereafter granted, awarded, or directed out of the faid Court o{ King's Bench, (-q "^■" '^°"'"
 * ' SefHons, notwithflranding fuch Writ of Certiorari fo delivered.