Page:Ruffhead - The Statutes at Large - vol 3.djvu/604

 55^ C. 12. Anno quinto Gulielmi & Mari^. A. D. 1694.. ^ Certiorari in ^ V. And be it further enaded by the Authority aforefaid, That upon every Certiorari granted or awarded CheHer, &c. within the Counties Palatine of Chejier, Lancnjier, or Durham, to remove Indiclments or Prefentments for low granted, ^^^ of the Matters aforementioned, all the Parties indicted, profecuting fuch Certiorari, {hall find fuch Sureties, to be bound in fuch Sums, and with fuch refpeftive Conditions, and at his or their own C^fts and Charges fhali caufe and procure the Iflue joined upon the faid Indi£tments or Prefentments to be tried at the next AiTizes or general Gaol Delivery to be held for the faid refpedive Counties, and fhall give like Notice to the Profecutor, and if convicled, fliall be liable to like Cofl:3, to be taxed as is by this ASt provided for in Caf.'s where the fame are granted or awarded out of the Court of King's Bench at TVcftminfler. Ctrtiorari upon VI. Provided always, and be it enatSled by the Authority aforefaid. That if any Indictment or Prefent- repairing High- nient be againft any Perfon or Perfons, for not repairing of any Highways, Caufeways, Pavements, or ways, &c. Bridges, and the Right or Title to repair the fame may come in (^eftion, upon fuch Suggeftion and Affidavit made of the Truth therof, a Certiorari may be granted to remove the fame into the Court of King's Bench; any Law or Statute to the contrary in any wife notwithftanding. Provided neverthelefs. That tae Party or Parties profecuting fuch Certiorari fhall find two Manucaptors to be bound in a Re- cognizance with Condition as aforefaid. This Aa to con- VlT. Provided always, and be it enadted by the Authority aforefaid, That this A£l fhall continue and tin Lie for three jjg jjj force for three Years, and from thence to the End of the next Seflion of Parliament, and no.' ""■ longer, [Made perpetual by 8 & 9 W. 3. cap. 33. J By 13 Ceo. 2. c, 18,/. 5. No Certiorari to ie granted to remove any CoiiviBlon, tinkfs mmedfor loitbin Jix Calendar Months after fuch ConmSin:^' CAP- XII. An A(5t to take away the Procefs for the Capiatur Fine in the feveral Courts at Weftminfier, W 'HEREAS there are divers Suits and A6lions of Trefpafs, Ejectment, Affault, and falfe Im- i .. prifonment, brought W Party againft Party in the refpedive Courts of Law at Wejimhifter, and i| '? ' Courts aforefaid do (ex officio) iffue out Procefs againft fuch Defendant and Defendants, for a Fine to j ' pounded for a fmall Sum of Money by fome Officer in each of the faid Courts, but never eftreated into ' the Exchequer ; which Officers, or fome of them, do very often outlaw the Defendants for the fame, to ' their very great Damage ;' For Remedy whereof, Cup' as pro fine II. Be it enafted by the King's and Queen's moft Excellent Majefties, by and with the Advice and taken away. Confent of the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament affembled, 5 Med. 28.5. gj^j i^y j.|^g Authority of the fame. That from henceforth no Writ or Writs, commonly called Capias pro Fine, in any of the faid Suits or Actions in any of the faid Courts, fhall be fued out or profecuted againft any of the faid Defendant or Defendants, or any further Procefs thereupon ; but the fame Fines, and all former Fines yet unpaid, are and {hall hereby be remitted and difcharged for ever. Yet neverthelefs the Plaintiff or Plaintiffs in every fuch Aftion fhall (upon figning Judgment therein, over and above the I Silk. 54, ufual Fees for figning thereof) pay to the proper Officer, who figneth the fame, the Sum of fix Shillings': and eight Pence, in full Satisfaction of the faid Fine, and all Fees due for or concerning the faid Fine, to be diftributed in fuch Manner as Fines and Fees of this Kind have ufually been, and not otherwife; which faid Officer and Officers fhall make an Increafe to the Plaintiff or Plaintiffs of fo much in their Cofts> F^nc turned L-ito Celts. to be taxed againft the faid Defendant and Defendants. C A P..'
 * upon Judgment entred againft the Defendant or Defendants in fuch Suits or Adtions, the refpeitive't ;
 * the Crown, for a Breach of the Peace thereby committed, which is not afcertained, but is ufually com-i