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to wit. Whereas C. D. of in the county of

is duly convicted before me, one of His Majesty's justices of peace for the said county, for that he the said C. D. on the day of 1817, being the Lord's day, commonly called Sunday, with his horses, into and through your said parish of did travel, contrary to the statutes in that case made and provided, whereby he hath forfeited the sum of 20s. of lawful money of England.

These are therefore to command you forthwith to levy the said sum of 20s. by distraining the goods and chattels of him the said C. D. and if within the space of days next after such distress by you taken, the said sum shall not be paid, together with the reasonable charges of taking and keeping the same, that then you do sell the said goods and chattels so by you distrained, and out of the money arising by such sale that you do pay the sum of 6s. Sd. part of the said sum of 20s. to A. B. who informed me of the said offence, and that you see the remaining sum of 13s. 4d. employed to the use of the poor of your said parish of, returning to him the said C. D. the overplus, upon demand, the reasonable charges of taking, keeping, and selling the said distress being first deducted.

And you are to certify to me, with the return of this precept, what you shall have done in the execution thereof. Given under my hand and seal, at

in the year of our Lord 1817.

this

CARROTS. See TURNIPS.

CATTLE.

day of

By 22 and 23 Car. II. c. 7, Killing (maliciously) horses, sheep, or other cattle, is felony, but offender may elect to be transported seven years; and if any horses, &c. shall, in the night, be maimed or

wounded, though not killed, the offender to forfeit treble damages, or three justices (1 Q.) may inquire by jury and witnesses, which they are empowered to summon, and may apprehend offenders. But by the Black Act, 9 Geo. I. c. 22, maliciously killing, maiming or wounding cattle, is made felony; but the malice must be against the owner. 2 East, P. C. c. 22, s. 16.

Driving away or killing cattle, with intent to steal either the whole or part of the carcase, is felony, without clergy, by 14 Geo. II. c. 6, and 15 Geo. II. c. 34, and £10. reward to prosecutor, if the offender is convicted.

Commitment for maiming Cattle, under 9 Geo. I. c. 22.
To the Keeper of —.

to wit. Receive into your custody in the said gaol, the body of A. B. charged this day on oath, before me J. C. Esq. one of His Majesty's justices of the peace in and for the said county, with having maliciously, unlawfully, and feloniously maimed two cows, the property of C. D. of in the said county, farmer, by cutting off their tails, and otherwise wounding them; and him in the said gaol safely keep, until he shall be delivered therefrom in due course of law, Given under my hand and seal, &c.

CERTIORARI.

A certiorari is a writ issuing out of the Crown Office in the King's name, and its object is to remove the proceedings of courts of inferior jurisdiction into the Court of King's Bench for revision.

Justices may certify to the King's Bench indict ments or recognizances taken before them without Dalt. c. 195.

a certiorari.

It does not lie to remove any other than judicial acts. Sayer 6, Cald. Ca. 309. It lies in such cases where writ of error will not lie. 1 Salk, 149, except where a statute directs otherwise. 1 Lord Ray. 469, 580.—And it lies to justices in such cases where they are by statute empowered finally to hear and determine, unless taken away by express words in the statute. 2 Hawk. c. 27, s. 23.-And a statute authorizing a summary conviction by a justice, with an appeal to the sessions, whose decision is declared to be final, does not take away the certiorari, though appeal made and determined. 8 T. R. 542. therefore, all summary proceedings, orders, and convictions before magistrates may be removed by certiorari after judgment; but if judgment given on an indictment, the record can only be removed by writ of error. 7 T. R. 373. and an indictment cannot be removed by certiorari after conviction, and before judgment awarded, unless for special cause shewn. 2 Haw. c. 27, s. 31.

No certiorari lies to remove orders of justices where an appeal is given to the sessions, until the appeal is determined, unless the time for appealing is expired, 1 Salk. 147.-But it was held that an appointment of overseers might be removed before an appeal to the sessions; for the case in Salkeld extends only to cases where a limited time for ap

pealing is given; but the statute 43 Eliz. e. 2, not being so restrained, if appeal lodged, no certiorari shall issue until the sessions have determined the appeal. Str. 991.-It will not lie to remove an indictment for the purpose of moving for a new trial. 13 E. R. 411.

The prosecutor may have this writ as a matter of right; but it is in the discretion of the court to grant or refuse it to the defendant. 4 Bur. 2456. and if indictment removed at the instance of the defendant, on conviction he shall pay costs to the prosecutor, but only such as have been incurred subsequent to the certiorari. 5 W. c. 11, and 8 and 9 W. c. 56.

Certiorari to remove convictions, orders, or other proceedings of justices, to be applied for within six calendar months from the date of conviction, &c. and six days notice to be given to justices.; 13 Geo. II. c. 18. Str. 991. 4 T. R. 281. the six days notice must be given previous to the application for the rule to shew cause. 5 T. R. 279; but such notice is unnecessary on removing indictment from the sessions. 1 East. Rep. 298.

It removes all proceedings between the teste and return, and supersedes the further proceedings of the justices, except it is delivered after the jury sworn; and justices may impose a fine to complete their judgment after certiorari delivered. 2 Lord Ray, 1515.

It seems to be settled that a certiorari does not.

supersede the obligation of a recognizance. 2 Haw. c. 27, s. 65. And a prisoner in custody, by virtue of a warrant of a justice, for want of sureties, cannot be discharged (after certiorari lodged) without entering into recognizances to answer the complaint for which he is detained.

Persons suing out a certiorari, removing any conviction, &c. to enter into recognizance with sureties, before a justice of the county, or judge of the King's Bench, in £50. with condition to prosecute the same with effect. 5 Geo. II. c. 19. and the two sureties must be in addition to the party issuing the writ. 4 T. R. 281.

Recognizance on Certiorari.

to wit. Be it remembered, That on the

day of in the 57th year &c. A. B. of — in the county of C. D. of, and E. F. of, came before me S. P. Esq. one of the keepers of the peace and justices of our Lord the King, in and for the county of, and acknowledged to owe to our sovereign Lord the King the sum of £50, of lawful money of Great Britain, to be levied upon their goods and chattels, lands and tenements, to His Majesty's use, upon condition, that if shall prosecute with effect, without any wilful or affected delay, at his own proper costs and charges, a writ of certiorari issued out of the court of our said Lord the King, before the King himself, at Westminster, to remove into the said court all and singular the records of conviction, of whatever trespasses and contempts, against the form of the statute made and passed in the year of His present Ma-. jesty's reign, intituled "An Act &c." whereof the said convicted before me S. P. Esq. one of the keepers of the peaceand justices of our said Lord the King in and for the county of and shall pay to the prosecutor, within one month next after the said records of conviction shall be confirmed in the

is

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