MARY, C. 11. ment granted against the defendant by the said court for such 5 WILL. & his contempt, and that the said recognizance shall not be dis- Engl. stat. charged till the costs so taxed shall be paid. 1694. how grant vacation. 4. Provided always, and be it enacted, That in any of the Certiorari vacations writs of certiorari may be granted by any of the able in justices of their majesties' court of King's Bench, whose names shall be indorsed on the said writ, and also the name of such person at whose instance the same is granted, and that the party or parties indicted, prosecuting such certiorari, shall, before the allowance of such writ or writs of certiorari, find such sureties in such sum and with such conditions as are before mentioned and specified in this present act mentioned. 8 and 9 WILL. III. c. 33.] To make perpetual and more effectual an act, intituled, To prevent delays at the quarter sessions of the peace. ENGL. [A.D. 1694.] an indict find two manucap into a re 8 and 9 Will. c. 33, sec. 2.] For the making the purpose and Party prodesign of the act, 5 and 6 Will. and Mary, c. 11, [ante], more certiorari effectual: Be it enacted, That the party or parties prosecuting to remove any certiorari to remove any indictment or presentment from ment may the quarter or general sessions of the peace may find two sufficient manucaptors, who shall enter into a recognizance before tors to enter any one of his majesty's justices of the court of King's Bench, in cognizance. the same sum and under the same condition as is required by the said act, whereof mention shall be made on the back of such writ under the hand of the justice taking the same, which shall be as effectual and available, to all intents and purposes to stay or supersede any further proceedings upon any indictment or presentment, for the removal of which the said writ of certiorari shall be granted, as if the recognizance had been taken before any one of the justices of the peace of the county or place where such indictment was found or presentment made; and also it shall Party to be added to the condition of every recognizance taken by virtue of appear daily this and the said act, that the party or parties prosecuting such King's writ of certiorari shall appear from day to day in the said court until disof King's Bench, and not depart until he or they shall be dis- charged. charged by the said court. in the Bench court 13 GEO. II. c. 18. 13 GEO. II. c. 18.] For limiting the time for suing forth writs Island Act. of certiorari upon proceedings before justices of the peace. BRIT. [1740.] 1740. Certiorari how to be 13 Geo, II. c. 18, sec. 5.] For the better preventing vexatious delays and expense, occasioned by the suing forth writs of certiorari, for the removal of convictions, judgments, orders, and other applied for. proceedings before justices of the peace: Be it enacted, That no writ of certiorari shall be granted, issued forth or allowed, to remove any conviction, judgment, order, or other proceedings had or made by or before any justice or justices of the peace of any county, city, borough, town corporate, or liberty, or the respective general or quarter sessions thereof, unless such certiorari be moved or applied for within six calendar months next after such conviction, judgment, order or other proceedings shall be so had or made, and unless it be duly proved upon oath, that the said party or parties suing forth the same, hath or have given six days notice thereof in writing to the justice or justices or to two of them (if so many there be), by and before whom such conviction, judgment, order, or other proceedings shall be so had or made, to the end that such justice or justices, or the parties therein concerned may show cause, if he or they shall so think fit, against the issuing or granting such certiorari. 5 VIC. c. 48. 5 VIC. c. 48.] To prevent delay in the administration of justice Island Act. in cases of misdemeanor. ISLD. [1842.] 1842. held to bail before ses sion at which indictment found must proceed to plead and trial. Persons 5 Vic. c. 48, sec. 1.] Whereas great delays have occurred in twenty days cases of persons prosecuted for misdemeanors by indictments in the several courts of this island, by reason that the defendants in some of the said cases have according to the present practice of such county an opportunity of postponing their trials to a distant period by means of imparlances in the said court: for remedy whereof, Be it enacted, That from and after the passing of this act, when any person shall be prosecuted for any misdemeanor by indictment, at any general court of quarter sessions of the peace, or session of oyer and terminer and gaol delivery, having been committed to custody, or held to bail, to appear to answer for such offence twenty days at the least before the session at which such indictment shall be found, he, she, or they shall plead to such indictment, and trial shall proceed thereupon at such same quarter sessions of the peace or session of oyer and terminer and gaol delivery respectively, unless a writ of certiorari for removing such indictment into the supreme court, shall be delivered at such session before the jury shall be sworn for such trial. Island Act. 2. Such writs of certiorari may be applied for, and issued 5 VIC. c. 48. before such indictment has been found, in the like cases, in the same manner, and upon the same terms and conditions, as if such 1842. writ of certiorari had been applied for after such indictment had writs of been found. certiorari may be applied for. accused quent court, to trial, 3. Where any person or persons shall be prosecuted for any Persons misdemeanor by indictment, in any of the several courts afore- must plead said, not having been committed to custody, or held to bail to at subseappear to answer for such offence, twenty days before the session and proceed at which such indictment shall be found, but who shall have been committed to custody, or held to bail to appear to answer for such offence at some subsequent session, or shall have received notice of such indictment having been found, twenty days before such subsequent session, he, she or they shall plead to such indictment, at such subsequent session, and trial shall proceed thereupon, at such same session, unless a writ of certiorari for removing such indictment into the supreme court shall be delivered at such last mentioned session, before the jury shall be sworn for such trial, any law or usage to the contrary notwithstanding. allow fur 4. It shall be lawful for the court at any quarter sessions of Court may the peace, or session of oyer and terminer and gaol delivery ther time respectively, upon sufficient cause shown for that purpose, to for pleadallow further time for pleading to any such indictment or for trial of the same. ing. 5. Nothing in this act contained shall extend or be construed This not to to extend to any prosecution by indictment for the non-repair of any bridge or highway. extend to 16 and 17 VIC. c. 107.] The customs' consolidation act. BRIT. [1853.] 16 & 17 VIC. c. 107. British stat. 1853. Writs of and habeas except on 16 and 17 Vic. c. 107, sec. 290.] No writ of certiorari shall issue to remove any proceedings before any justice or justices certiorari under this or any act relating to the customs, nor shall any writ corpus not of habeas corpus issue to bring up the body of any person who to su shall have been convicted before any justice or justices under this affidavit. or any other act relating to the customs, unless the party against whom such proceeding shall have been directed, or who shall have been so convicted, or his ally, or agent shall state by affidavit in writing duly sworn the grounds of objection to such proceedings or conviction; and upon the return to such writ of certiorari or habeas corpus, no objection shall be entertained by the court other than such as shall have been stated in such affi c. 107. 16 & 17 Vic. davit ; and any such justice or justices shall and may amend any British stat. information, conviction, or warrant of commitment for any offenee under this or any such act at any time, whether before or after conviction. 1853. No writ of habeas without notice to customs. 291. No such writ shall issue without notice in writing to the solicitor for the customs, and no return to any such writ shall be solicitor of considered by any of her majesty's courts at Westminster, Dublin, or Edinburgh, or the judges thereof, unless there shall be produced to such court or judge an affidavit in writing duly sworn stating that notice of the issuing of such writ was given to the solicitor of customs or left at his office four clear days before the return of such writ; and with respect to all such writs there shall be an interval of four clear days at least between the day of issue and the day of the return thereof, and any such writ issuing without notice, or not in conformity with the directions herein contained, shall be void to all intents and purposes. 16 & 17 VIC. c. 131. 16 and 17 VIC. c. 131.] To amend various laws relating to British stat. merchant seamen. BRIT. [20th August, 1843.] 1853. Orders made in Scotland not to be 16 and 17 Vic. c. 131, sec. 67.] No order, decree, or sentence pronounced by any sheriff or justice of the peace under the quashed for authority of this act shall be quashed or vacated for any mis want of form. Execution absolute. nomer, informality, or defect of form: and all orders, decrees, and sentences so pronounced shall be final and conclusive, and not subject to suspension, advocation, reduction, or to any form of review or stay of execution, except on the ground of corruption or malice on the part of the sheriff or justices, in which case the suspension, advocation, or reduction must be brought within 14 days of the date of the order, decree, or sentence complained of: Provided always, That no stay of execution shall be competent to the effect of preventing immediate execution of such order, decree, or sentence. (a) (a) Vide note, Tit. INFORMATIONS. (Ante.) XXIII. COMMUTATIONS-PARDONS. (a) c. 2. Engl. stat. 12 and 13 WM. III. c. 2.] For the further limitation of the 12 & 13 WM. crown, and better securing the rights and liberties of the subject. ENGL. [1700.] 12 and 13 Wm. III. c. 2, sec. 3.] No pardon under the great seal of England shall be pleadable to an impeachment by the commons in parliament. 1700. 2 WM. IV. c. 37.] For the more effectually enforcing the 2 WILL. IV. punishment of transportation from this island. ISLD. [April 28, 1832.] 2 Wm. IV. c. 37, sec. 1.] Whereas, by an act of the imperial parliament of Great Britain and Ireland, made and passed in the fifth year of the reign of king George IV., after reciting that, by the laws in force in some parts of his majesty's dominions not within the United Kingdom, offenders convicted of certain offences, and liable to be punished by transportation beyond the seas, and other convicts adjudged to suffer death, in such parts of his majesty's dominions, have received or may receive his majesty's most gracious pardon, upon condition of transportation beyond the seas, and there may be no means of transporting such convicts to any of the places appointed by his majesty in council in that behalf, without first bringing them to England, it is enacted, that whenever any convict adjudged to transportation by any court or judge in any part of his majesty's dominions not within the United Kingdom, or any convict adjudged to suffer death by any such court or judge and pardoned, on condition of transportation, have been or shall be brought to England in order to be transported, it shall and may be lawful to imprison any such offender in any place of confinement provided under the authority of this act, until such convict shall be transported or shall become entitled to his liberty; and that as soon as every such convict shall be so imprisoned, all the provisions, rules, regulations, clauses, authorities, powers, penalties, matters, and things, in the said reciting act mentioned and declared concerning the safe custody, confinement, treatment, and transportation of any offender convicted in Great Britain, shall extend and be construed to extend to every convict who may have been or may hereafter be adjudged to transportation by any court or judge in any part of his majesty's (a) Tit. GOVERNORS. c. 37. Island Act. 1832. |