William and Mary, 1694: An Act to prevent Delays of Proceedings att the Quarter Sessions of the Peace. [Chapter XI. Rot. Parl. pt. 3. nu. 4.]

21 Jac. I. cc. 3. 23. 13 & 14 (14) Car.II.; 22 Car. II.; Reasons for passing this Act.; Certiorari in Termtime grantable only upon Motion.; Recognizance given that the Issue be tried next Assizes.; If not in London and Westminster, and County of Middlesex; and if in the said Cities and County; Proceedings.; Certiorari granted without Recognizance, void.

WHEREAS it is experienced that notwithstanding the Statutes made in the one and twentieth yeare of the reigne of King James the First and in the Thirteenth and Fourteenth and Two and twentieth yeares of King Charles the Second concerning the granting of Writts of Certiorari to remove Indictments of Riots Forcible Entry Assault and Battery and other Presentments and Indictments out of the Courts of the General or Quarter Sessions of the Peace in the Counties or Places wherein such Indictments have been found and Proceedings thereupon recorded into their Majesties Court of Kings Bench diverse turbulent contentious lewd and evil disposed persons feareing to be deservedly punished where they and their offences are well knowne have not onely obtained Writts of Certiorari for removeing such Indictments found against them as aforesaid but alsoe Indictments for sundry other trespasses frauds nusances contempts and misdemeanors after issue joyned and the Prosecutors attending with their Councel and Witnesses to try the same before the said Justices of the Peace in their said Sessions to the great discouragement of the Prosecutors and of such Constables and other Officers as according to their duty present persons for those and such like trespasses offences and misdemeanors. For remedy whereof and that such Offenders may be brought to condign punishment Be it enacted by the King and Queens most excellent Majesties by and with the advice and consent of the Lords Spiritual and Temporal and Co[m]mons in this present Parliament assembled and by [the (fn. 1) ] authority of the same that in terme time no Writt of Certiorari whatsoever att the prosecution of any party indicted be hereafter granted awarded or directed out of the said Court of Kings Bench to remove any such indictment or presentment of trespasse or misdemeanor before tryal had from before the said Justices in the said Courts of General or Quarter Sessions of the Peace unlesse such Certiorari shall be granted or awarded upon motion of Councel and by rule of Court made for the granting thereof before the Judge or Judges of the said Court of Kings-Bench sitting in open Court and that all the parties indicted prosecuting such Certiorari before the allowance thereof shall find two sufficient Manucaptors who shall enter into a recognizance before one or more Justices of the Peace of the County or Place in the su[m]m of twenty pounds with condic[i]on att the returne of such Writt to appeare and plead to the said, indictment or presentm[en]t: in the said Court of Kings Bench and att his and their owne costs and charges to cause and procure the issue that shall be joyned upon the said indictment or presentment or any plea relateing thereunto to bee tryed att the next Assizes to bee held for the County wherein the said indictment or presentment was found after such Certiorari shall be returnable if not in the Cities of London Westminster or County of Middx And if in the said Cities or County then to cause or procure it to be tryed the next terme after wherein such Certiorari shall bee granted or att the sitting after the said terme [if the Court of Kings Bench shall not appoint any other time for the tryal thereof and if any other time shalbee appointed by the Court then att such other time (fn. 2) ] and to give due notice of such tryal to the Prosecutor or his Clerk in Court and that the said recognizance or recognizances taken as aforesaid shall be certified into the said Court of Kings Bench with the said Certiorari and indictment to bee there filed and the name of the Prosecutor (if he be the party grieved or injured) or some publick Officer to be endorsed on the back of the said indictment and if the person prosecuting such Certiorari being the defendant shall not before allowance thereof procure such Manucaptors to bee bound in a recognizance as aforesaid the Justices of the Peace may and shall proceed to tryal of the said indictment att the said Sessions notwithstanding such Writt of Certiorari soe delivered.

II. Costs.

Recovery of Costs.; Recognizance not discharged till Costs paid.

And be it further enacted that if the defendant prosecuting such Writt of Certiorari be convicted of the offence for which he was indicted that then the said Court of Kings Bench shall give reasonable costs to the prosecutor if he be the party grieved or injured or be a Justice of the Peace Mayor Bailiffe Constable Headborough Tythingman Churchwarden or Overseer of the Poor or any other Civil Officer who shall prosecute upon the account of any fact co[m]mitted or done that concerned him or them as Officer or Officers to prosecute or present which costs shall be taxed according to the course of the said Court and that the prosecutor for the recovery of such costs shall within Tenne days after demand made of the defendant and refusal of payment on oath have an attachment granted against the defendant by the said Court for such his contempt And that the said recognizance shall not bee discharged till the costs soe taxed shall bee paid.

III. Certiorari how grantable in Vacation.

Provided always and bee it enacted by the authority aforesaid That in any of the vacations Writts of Certiorari may bee granted by any of the Justics of their Majesties Court of Kings-Bench whose names shall be endorsed on the said Writt and alsoe the name of such person att whose instance the same is granted and that the party or parties indicted prosecuting such Certiorari shall before the allowance of such Writt or Writts of Certiorari find such sureties in such su[m]m and with such conditions as are before mentioned and specified in this present Act.

IV. Certiorari in Chester, &c. how granted.

And be it further enacted by the authority aforesaid That upon every Certiorari granted or awarded within the Counties Palatine of Chester Lancaster or Durham to remove indictments or presentments for any of the matters aforementioned all the parties indicted prosecuting such Certiorari shall find such Sureties to bee bound in such su[m]ms and with such respective conditions and att his and their owne costs and charges shall cause and procure the issue joyned upon the said Indictments or Presentments to bee tryed att the next Assizes or general Goal Delivery to be held for the said respective Counties and shall give like notice to the prosecutor and if convicted shall be liable to like costs to bee taxed as is by this Act provided for in cases where the same are granted or awarded out of the Court of Kings Bench at Westminster.

V. Certiorari upon repairing Highways, &c.

Recognizance by Prosecutor.

[Provided always and bee it enacted by the authority aforesaid That if any indictment or presentment bee against any person or persons for not repaireing of any High-ways Cawsies Pavements or Bridges and the right or title to repaire the same may come in question upon such suggestion and affidavit made of the truth thereof a Certiorari may bee granted to remove the same into the Court of Kings Bench Any Law or Statute to the contrary in any wise notwithstanding. Provided neverthelesse that the partie or parties prosecuting such Certiorari shall find two Manucaptors to bee bound in a recognizance with condition as aforesaid.

VI. Continuance of Act.

Provided always and bee it enacted by the authority aforesaid That this Act shall continue and bee in force for three yeares and from thence to the end of the next Session of Parliament and noe longer. (fn. 3) ]