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Certiorari.
Supersedeas of it self to the Justices of peace to stay their
Proceedings,
See antea tit. Forcible Entry. |
Chap. 195. |
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And yet by others the Justices may proceed upon
the Indictment, Vide
Crom. 132, 133. & 166. Dyer 245. |
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And albeit the Certiorari be a Supersedeas
of it self, yet may the party
upon the Certiorari purchased have a Supersedeas also directed
to the Sheriff,
commanding him that he arrest him not upon that Record before the
Justices of peace, Fitz. f. 237. In which place also he doubteth
whether
the Justices of peace themselves ought not of duty to award their own
Supersedeas to the same effect, after that the Writ of Certiorari
is brought
to their hands. |
Lamb. 497
F. N. B.
237. c. |
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If a Certiorari come to the Justices of peace
to remove an Indictment,
and in truth the Indictment was not taken till after the date of that Certiorari;
yet if the Indictment be removed thereby it is good enough, for
that they be both the Kings Courts, (1 R. 3. 4.) and in such a case
it is now
usual to remove it, Vide Fitz. 71. d. |
Lamb. 438. |
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But all Writs of Certiorari being to remove
any Indictment of Forcible
Entry, or Riot, or of Assault and Battery, found before the Justices
of peace, shall now be delivered at some Quarter Sessions of the peace
in open Court, &c. 21 Jac. c. 8. See hic antea
tit. Forcible Entry. ' And
' the persons so prosecuting the same shall (before the Allowance thereof)
' become bound unto the Prosecutor in 10 l. Bond with Sureties,
' as the Justices shall think fit, with Condition to pay the Prosecutor
' (within one month after Conviction) such reasonable Costs and Damages,
' as the Justices of the peace of the County (where the Bill shall
' be found) shall assess and allow; and in default thereof the Justices
' may proceed. |
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All the higher Courts at Westminster may
write to the Justices of
peace, to certifie their Records that do make for the trial of Causes depending
in them, as you may read 19 H. 6. 19. where they of the Common
Pleas did send to the Justices of peace for an Indictment, because in
a Writ of Conspiracy (brought or depending before them) it was material
to have it. |
Lamb. 501. |
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In some cases the Justice of peace may certifie
a Record (by him made
or found before him out of Sessions) without any Writ of Certiorari
therefore
to him directed, Vide antea tit. Forcible Entry. |
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In other cases he must of duty certifie his Proceedings,
but may spare
to certifie the Record, until a Certiorari come to him for it.
See hereof
antea tit. Surety for the Peace. |
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For the manner of the Writ of Certiorari
to remove Records from one
Court to another, or from the Justices of peace, or other Officers of Record,
to any higher Courts at Westminster, &c. there are divers forms
and sorts thereof, as you may see in F. N. B. 242. &c. |
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I will only set you down here one Form for all,
and so conclude.
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The Form of Certiorari out of the Chancery to certifie a Recognizance
taken by a Justice of Peace in the County for the keeping
of the
Peace, &c.
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CAROLUS, Dei gratia, Angliæ, Scotiæ,
Franciæ & Hiberniæ Rex,
Fidei Defensor, &c. Custodibus Pacis nostri in Com' Cantab.
& eorum
cuilibet salut'. Volentes certis de causis Certiorari super tenor' cujusdam
Securitatis
Pacis, (vel Boni gestus) quam A. P. Armiger nuper invenit coram
vobis, vel aliquo vestrum, de eo quad ipse dampnum vel malum aliquod R.
S. |
F. N. B. 18.
c. Cromp.
148. |
