Chap. 175.
* The Supersedeas
is good
though it
name neither
the
Sureties
nor the
Sum. |
Precedents of Supersedeas.
The Form of a Supersedeas by a Justice of Peace.
CHAP. CLXXV. V. 122.
Richard Love Doctor of Divinity, and Vice-chancellor
of the University
of Cambridge, one of the Justices of Peace of our Sovereign
Lord the Kings Majesty within the County of Cambridge, to the Sheriff,
Bailiffs, Constables, and other the faithful Ministers of our Sovereign
Lord within the said County, and to every of them, sendeth Greeting.
Forasmuch as A. B. of, &c. Yeoman, hath personally come before
me at
W. &c. and hath found sufficient Surety, that * is to say, C.
D. and E. F.
&. Yeomen, either of the which hath undertaken for the said A.
B. under
the pain of 20 l. and he the said A. B. hath undertaken for
himself
under the pain of 40 l. that he the said A. B. shall well
and truly keep
the Peace toward our Sovereign Lord and all his liege people, and especially
towards G. H. of, &c. Yeoman, and also that he shall personally
appear
before the Justices of the Peace of our said Sovereign Lord, at the
next general Sessions of the Peace to be holden for this County of Cambridge.
Therefore on the behalf of our said Sovereign Lord I command
you, and every of you, that you utterly forbear and surcease to arrest,
take, imprison, or otherwise by any means (for the said occasion) to
molest the said A. B. and if you have (for the said occasion, and
none
other) taken or imprisoned him, that they you do cause him to be delivered
and set at liberty without farther delay. Yeoven at Cambridge
aforesaid,
under my Seal, this last day of July, &c.
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475
Cambr. |
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Alias.
HEnricus Bing Serviens ad Legum, unus Justic'
Dom' Regis, &c. Vic.
ac omnibus & singulis Ballivis, Ministris, & fidelibus dict' Dom'
Regis in eodem Com', & eor' cuilibet salutem. Quia J.
S. suffic' secur' de
Pace (& de bono gestu suo) erga dict' Dom' Regem, & præcipue
erga W. T.
coram me invenit: Ideo ex parte dict. Dom. Regis vobis & cuilibet
vest' mando
& præcipio, firmiter injungens, quod de ipso J. S. pro
hujusmodi secur' Pacis
inveniend' cap' sive arrestand' omnino supersed': Et fi ipsum J.
S. ea occasione
ceperitis sive imprisonaver', tunc eum deliberari fac', si ipse ea occasione,
&
non alia, detineatur. Teste, &c.
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If the Prisoner be in the Gaol, see another Form,
hic postea tit. Liberate. |
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Note that such Supersedeas is good, though
it name neither the Sureties
nor the Sums wherein they are bound: but yet it is the better Form
to express them both, for then if it shall appear that the Sureties are
not
sufficient Men, or not bound in sufficient Sums, better Sureties may be
taken. And accordingly all the Supersedeas issuing out of
the Chancery,
Kings Bench, and Court of Common Pleas, do rehearse the Names of the
Sureties and the Sums: and those things which the higher Courts do
use,
are the Rules and Orders for others to follow, &c. 2 H. 7.
f. a. Fitz.
Supersedeas 4. |
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