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Certiorari.
aut alio alicui de populo nostro, de corpore suo nec faceret, nec
fieri procraret
quovis modo; vobis mandamus quod tenorem in Securitatis Pacis (sive Boni
gestus) predict' nobis in Cancellar' nostr' in Octabis Purificat' Beatæ
Mariæ
prox' futur' ubicunq; tunc fuer', sub sigill' vestr' vel unius vestr'
distincte &
aperte sine dliatione mittatis: Et hoc sub pœna cent' libr' nullatenus
omittatis,
nec aliquis vestr' omittat. Test meipso apud West. 28 die
Nov. anno Regni
nostri sexto.
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535 |
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The Return hereof see antea tit. Surety for the
Peace. |
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' But if the Certiorari be with these words,
We command that you
' send all and singular the Recognizances aforesaid, with all matters concerning
' the same, as fully and wholly as before you, &c. they were late
' taken, &c. Here the Justice of peace, together with the Recognizance,
' must certifie and send his Examinations taken, or the Warrant whereby
' the party was brought before him to find such Surety, and such other
' party; that so the Court above may proceed against the party (if cause
' be required) according to Law and Justice. And the Certificate
may
' be thus.
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' I M. D. one of the Justices of the peace
in the County of Cambridge
' do certifie his Majesty in his Court of Chancery (or Kings Bench)
' That I by virtue of a certain Warrant (the Tenor of which is hereunder
' written) did compel R. C. in the same Writ named, to find Surety
according
' to the form of the said Warrant. And I the said M. D. by
virtue
' of the said Writ, the said Recognizance in the said Writ mentioned,
' and all things touching the same, to his Majesty (under may Seal) do
' hereby distinctly send, as in the said Writ is of me required.
In witness
' whereof, &c.
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The Tenor of the above mentioned Warrant followeth.
Then underneath
write the Warrant, &c. verbatim. |
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Nota, Quod Record ne serra remove mes per Certiorari,
ou Corpus cum
causa, Fitz. Record. 3. |
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Note also, that upon a Certiorari to remove
an Indictment of a Riot
or Forcible Entry, &c. the Return must have these words, Nec non
ad
diversas Felonias, &c. For if the Return mentions only that
they are
Justices of the peace, without the former words, Necnon ad diversas
Felonias,
Transgressiones, & alia malefacta, &c. according to the Commission,
the Return is insufficient, 12 H. 7. 25. 2 R. 3. 9.
Br. Indictment 32, 50. |
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Also note, that no Certiorari shall be granted
to remove any Recognizance,
except the same Writ be signified with the proper Hand of the
Chief Justice, or (in his absence) of one of the Justices of that Court
out
of which the said Writ shall be awarded or made, 1 & 2 P. &
M. c. 14.
D E U S
Minimis Magnus.
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F I N
I S.
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