c. 100. 56 GEO. III. as if such writs and the said cases arising thereon had been British stat. herein before specially named and provided for respectively. (a) 1816. (a) This statute, from its context, is limited to Britain and the Channel Islands, but may be presumed in force in Jamaica and the colonies, being in aid and amendment of the common law. XXII. CERTIORARI. 3 VIC. c. 65.] For the improvement of the administration of 3 Vic. c. 65. justice in the courts of this island. Island Act. ISLD. [11th April, 1850.] 1840. certiorari 3 Vic. c. 65, sec. 23.] All writs of certiorari must be moved Writs of for and made returnable into the supreme court and not else- must be where. moved in supreme court. 21 JAMES I. c. 8.] To prevent the abuses in procuring process and writs of certiorari out of the courts at Westminster, and for the removing of indictments found before justices of the peace in their general sessions. ENGL. [A.D. 1623.] shall not be less party become provisions certiorari. 21 James I. c. 8, sec. 7.] All writs of certiorari shall be deli- Certiorari vered at some quarter sessions of the peace in open court: and allowed unthe parties indicted shall, before the allowance of such certiorari edited become bound unto such person or persons which shall prosecute bound to such bills of indictment against them, in the sum of £10, with pay costs. such sufficient sureties as the justices of the peace at their said Further quarter sessions of the peace shall think fit, with condition to relating to payment unto the said prosecutors of such bills of indictment, within one month after the conviction of such parties indicted, such reasonable costs and damages, as the said justices of peace of such counties where such bills of indictment shall be found, in the said sessions of the peace, shall assess or allow, and in default thereof it shall be lawful for the said justices to proceed to trial of such indictments, any such writs or certiorari to remove the same indictments notwithstanding. 21 JAMES I. c. 23.] For avoiding of vexatious delays caused by 21 JAMES I. removing actions and suits out of inferior courts. ENG. [A.D. 1623.] c. 23. Engl. stat. 1623. remove a 21 James I. c. 23, sec. 2.] No writ or writs of habeas corpus, No writ to certiorari, or any other writ or writs, process or processes whatso- suit comever, other than writs of error or attaint, shall be sued forth by any person or persons whatsoever, out of or from any of his majesty's courts of Westminster, or the court of the great sessions in Wales, unless it be or out of any other court or courts having or pretending to have C C nienced in an inferior court shall be obeyed delivered unto the c. 23. 1023. steward. joined. 21 JAMES I. power to award such writs or processes, to stay or remove any Engl. stat. action, bill, plaint, suit, or cause brought, commenced, or depending, or hereafter to be brought, commenced, or depending, in any court or courts of record within any city, liberty, town corporate or elsewhere, which have or shall have jurisdiction, power, or before issue authority to hold plea in that action, bill, plaint, suit or cause, or demurrer the same cause of action, bill, plaint or suit arising or growing within the said city, liberty, town corporate, or jurisdiction, shall be received or allowed by the steward or stewards, judge or judges, or officer or officers, of the court or courts wherein or to whom any such writ or writs shall be directed and delivered: but he and they shall and may proceed in the said cause or causes as though no such writ or writs were sued forth or delivered to him or them, except that the said writ or writs be delivered to the steward or stewards, judge or judges, officer or officers of the said court, before issue or demurrer joined in the said cause or causes so depending or to be depending in any such court of record in any city, liberty, town corporate or elsewhere, having power to hold such plea, so as the said issue or demurrer be not joined within six weeks next after the arrest or appearance of A suit once remanded be removed. the defendant or defendants to such action or suit commenced. 3. If any such action, bill, plaint, suit or cause, which is or shall never shall be brought, commenced or depending, in any such court of afterwards record in any city, liberty, town corporate or elsewhere, shall be removed or stayed by any such writ or writs, process or processes to be sued forth or out of any of his majesty's courts at Westminster or any other courts as aforesaid, and if afterwards the same action, bill, plaint, suit or cause shall be remanded or sent back again by any writ or writs of procedendo or other writs whatsoever; then the said action, bill, plaint, suit or cause shall never afterwards be removed or staid before judgment by any writ or writs whatsoever to be sued forth or out of any of his majesty's said courts at Westminster, or any other court as aforesaid: any law, statute, custom, usage, or restraint to the contrary thereof in any wise notwithstanding. A suit when the thing in exceeds not £5, shall not be removed. 4. If any action, bill, plaint, suit or cause not concerning freedemand hold or inheritance, or title of land, lease or rent, which shall be brought, commenced, or depending in any such court of record in any city, liberty, town corporate, or elsewhere, if it shall appear or be laid in the declaration, that the debt, damages, or things demanded doth or shall not amount to or exceed the sum of five pounds, then such action, bill, plaint, suit or cause shall not be stayed nor removed into any of his majesty's courts at Westminminster or other courts as aforesaid by any writ or writs whatsoever to be sued or prosecuted forth or out of his majesty's said courts at Westminster or other courts as aforesaid, other than writs of error or attaint, any law, statute, usage, custom or restraint to the contrary in any wise notwithstanding. 5. If any writ or writs whatsoever shall be granted or sued 21 forth or out of any of his majesty's said courts at Westminster or other court, contrary to the intent and meaning of this present act, that then it shall and may be lawful to and for the judge or judges, and officer or officers, to whom such writ or writs shall be directed or delivered, to disallow and refuse the same, and to proceed as if no such writ or writs had been granted or sued out or forth as aforesaid, any law statute, usage, custom, or restraint to the contrary in any wise notwithstanding. JAMES I. Engl. stat. c. 23. 1623. shall not 7. Provided that this act, or any thing therein contained shall This act not extend to any action, bill, plaint, suit or cause, wherein any extend to such foreign or other plea shall be pleaded as could not be tried any foreign or determined within the jurisdiction of such inferior courts. pleas. 5 WILL. and MARY, c. 11.] To prevent delays of proceedings WILL. & at the quarter sessions of the peace.(a) ENGL. [1694.] 5 Will. and Mary, c. 11, sec. 1.] Whereas, it is experienced that notwithstanding the statutes, 21 James I. c. 7, and other statutes concerning the granting of writs 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 the 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 King's Bench, divers turbulent, contentious, lewd and evil disposed persons, fearing to be deservedly punished where they and their offences are well known, have not only obtained writs of certiorari for removing such indictments found against them as aforesaid, but also indictments for sundry other trespasses, frauds, nuisances, contempts, and misdemeanors, after issue joined, and the prosecutors attending with their council 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 constable 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: MARY, C. 11. 1694. in term time 2. Be it enacted, That in term time no writ of certiorari Certiorari whatsoever at the prosecution of any party indicted be granted, grantable (a) Made perpetual by 8 & 9 Will. III. c. 33. (Post.) MARY, C. 11. 1694. only on motion. Recogni zance to be given for trying the issue next assizes. 5 WILL. & awarded, or directed out of the said court of King's Bench, to Engl. stat. remove any such indictment or presentment of trespass or misdemeanor before trial had, from before the said justices in the said courts of general or quarter sessions of the peace, unless such certiorari shall be granted or awarded upon motion of council and by rule of court made for the granting thereof before the judge or judges of the said court of King's 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 sum of £20, with condition at the return of such writ to appear and plead to the said indictment or presentment in the said court of King's Bench, and at his and their own costs and charges to cause and procure the issue that shall be joined upon the said indictment or presentment, or any plea relating thereunto, to be tried at the next assizes to be 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 Middlesex, and if in the said cities or county, then to cause or procure it to be tried the next term after, wherein such certiorari shall be granted, or at the sitting after the said term, if the court of King's Bench shall not appoint any other time for the trial thereof, and if any other time shall be appointed by the court, then at such other time, and to give due notice of such trial to the prosecutor or his clerk in court, and that the said recognizance and recognizances taken as aforesaid shall be certified into the said court of King's Bench, with the said certiorari and indictment to be there filed, and the name of the prosecutor (if he be the party grieved or injured), or some public officer, to be endorsed on the back of the said indictment, and if the person prosecuting such certiorari being the defendant granted shall not before allowance thereof procure such manucaptors to cognizance be bound in a recognizance as aforesaid, the justices of the peace may and shall proceed to trial of the said indictment at the said sessions, notwithstanding such writ of certiorari so delivered. Except in ster. Certiorari without re void. Officers prosecuting shall have double costs. 3. If the defendant prosecuting such writ of certiorari be convicted of the offence for which he was indicted, that then the said court of King's Bench shall give reasonable costs to the prosecutor, if he be the party grieved or injured, or be a justice of the peace, mayor, bailiff, constable, headborough, tythingman, churchwarden or overseer of the poor, or any other civil officer, who shall prosecute upon the account of any fact committed 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 ten days after demand made of the defendant, and refusal of payment on oath, have an attach |