in vacation. s. 5. Certiorari how vacation writs of certiorari may be granted by any of Writs of certiothe justices of the king's bench, whose names shall rari how obtained be indorsed, and the name of the person at whose * instance they are granted; and before the allowance of any such writ, the party indicted, prosecuting such certiorari, shall find sureties, in such sum, and with such conditions, as before mentioned. This statute enacts, (s. 5.) that upon every certiorari granted within the counties palatine of Chester, Lancaster, or Durham, to obtained in Chester, Lanremove indictments or presentments for any of the caster, or Durmatters aforementioned, all the parties indicted ham. prosecuting such certiorari shall find such sureties, to be bound in such sums, and with such conditions, and at their own costs shall procure the issue joined upon the said indictments, &c. to be tried at the next assizes or general gaol delivery for said counties, and shall give like notice to the prosecutor, and, if convicted, shall be liable to like costs, as by this act is provided in cases where the same are granted out of the king's bench at Westminster. By s. 6. if any indictment or presentment be against any person for not repairing of any highways, causeways, pavements, or bridges, and the Proviso as to inright to repair the same may come in question, upon for not repairing highways, &c. such suggestion, and affidavit made of the truth thereof, a certiorari may be granted to remove the same into the king's bench: Provided nevertheless that the party prosecuting such certiorari shall find 2 manucaptors as aforesaid. And by the 8 & 9 W. 3. c. 33. Eng. the party prosecuting any certiorari to remove any indict- c. 33. Eng. ment from the quarter-sessions, may find 2 manucaptors Recognizance to enter into a recognizance before any of the justices may be entered of the king's bench, in the same sum, and under the into before a justice of king's same condition as is required by the 5 & 6 W. & M. bench. supra, whereof mention shall be made on the back of the writ, under the hand of the justice taking the same, which shall be as effectual to stay proceedings as if taken before a justice of peace of the county, &c.; and it shall be added to the condition of the recognizance, that the party shall appear from day to day in the king's bench "Upon affidavit of the truth of the suggestion for granting the same" here added in the 8 Ann. c. 5. s. 3. .r. s. 6. dictments, &c. 8 & 9 W, 3. bench, and not depart till discharged by the court. 5 Geo. 2. c. 19. The 5 Geo. 2. c. 19. Eng. further enacts, (s. 2.) that s. 2. Eng. no certiorari shall be allowed to remove any judgment Further recog- or order, unless the party prosecuting such certiorari, nizance required before the allowance thereof, shall enter into a recog for obtaining certiorari. -s. 3. nizance with sufficient sureties before a justice of peace of the county or place, or before the justices at their general quarter sessions or general sessions, where such judgment or order shall have been given or made, or before a justice of the king's bench, in £50. with condition to prosecute the same at his own costs, with effect ⚫ and without wilful delay, and to pay the party in whose favour such judgment, &c. was given, &c. within one month after such judgment, &c. shall be confirmed, his full costs, to be taxed according to the course of the court where such judgments, &c. shall be confirmed; and in case the party prosecuting such certiorari, shall not enter into such recognizance, or shall not perform the conditions aforesaid, it shall be lawful for said justices to make such further order for the benefit of the party for whom such judgment shall be given, as if no certiorari had been granted. And by s. 3. the recognizance so taken shall be certified into the king's bench at Westminster, and there filed with the certiorari and order, or judgment removed thereby; and if said order, &c. shall be confirmed by said court, the person entitled to such costs, for the recovery thereof, within 10 days after demand made, upon oath of such demand and refusal of payment, shall have an attachment granted; and the recognizance shall not be discharged till the costs are paid, and the order complied with. And by 13 Geo.2. c.18. the 13 Geo. 2. c. 18. s. 5. Eng. no certiorari shall be allowed to remove any conviction, judgment, order or other proceeding had or made before any justice of time certiorari peace of any county, &c. or the respective general or to be applied for. quarter sessions thereof, unless such certiorari be moved or applied for within 6 calendar months next after such conviction, &c. and unless it be duly proved upon oath, that the party suing forth the same hath given 6 days notice thereof in writing to the justice or justices, or 2 of them, (if so many there be) by and before whom such Such recogniance certified, &c. s. 5. Eng. Within what conviction Ir. conviction, &c. shall be so had or made, to the end that such justice, or the parties therein concerned, may shew cause against such certiorari. The 8 Ann. c. 5. Ir. 8 Aun. c. 5. contains clauses corresponding to those of the 5 & 6 W. & M. c. 11. Eng. supra, excepting the 5th section, and with such other exceptions as are noted in the margin. But the amendment made by the 8 & 9 W. 3. c. 33. Eng. supra has not been adopted by any Irish statute. Neither is there any statute in Ireland containing clauses corresponding or similar to those of the 5 Geo. 2. c. 19. Eng. and 13 Geo. 2. c. 18. Eng. supra. sessions mere de cured. The 5 Geo. 2. c. 19. Eng. contains also a provision Upon appeals to proper for this place. By s. 1. upon all appeals to be made fects in form to the justices of peace at their respective general or quar- 5 Geo. 2. c. 19. ter sessions to be holden for any county, &c. within s. 1. Eng. England, against judgments or orders of any justices of peace, such justices so assembled at such sessions, shall, within their respective jurisdictions, upon every such appeals so made, cause any defect of form that shall be found in such original judgments or orders, to be amended without any cost to the parties concerned, and after such amendment made, shall proceed to examine the truth and merits of matters concerning such original judgments, &c. and likewise to examine witnesses upon oath, and hear all other proofs relating thereto, and to make such determinations thereupon as by law they should have done, in case there had not been such defect or want of form. No Irish statute contains any similar provision. disobedience. 33 Geo.3. c.55. The 33 Geo. 3. c. 55. Eng. enacts, that it shall Power of justices be lawful for any 2 or more justices of the peace, as- at sessions as to fining constasembled at any special or petty sessions of the peace, bles, &c. for upon complaint being made upon oath before them, of any neglect of duty, or of any disobedience of any law-s.1. Eng. ful warrant or order of any justice of peace, by any constable, or overseer of the poor, or other peace or parish officer, (such constable &c. having been duly summoned to appear and answer such complaint) to impose, upon conviction, any reasonable fine, not exceeding 40s. upon such constable, &c. as a punishment for such disobedience, disobedience, &c. and, by warrant of any 2 or more such justices so assembled, to direct such fine, if not paid, to be levied by distress, &c. rendering the overplus (if any) after deducting the amount of such fine, and the charges of such distress, &c. to such offender; and for want of such distress, such person shall be committed to the house of correction for any time not exceeding 10 days; and such fine so imposed shall be applied for the relief of the parish, township, or place, where such offender shall reside, at the discretion of the justices imposing the same; and if any person shall be aggrieved by the imposition of such fine as aforesaid, or by any order or warrant of distress for raising the same, or by the determination of said justices, or by any act done in the execution of such warrant of distress, such person may appeal to the next general or quarter sessions to be held for the county, &c. within which such person shall reside, of which appeal 10 days notice shall be given. Provided (s. 2.) that no person acting under such warrant of distress shall be deemed a trespasser Persons execut- ab initio, by reason of any irregularity in such warrant, or in any proceedings thereon, but any person aggrieved by the issuing or execution of such warrant, may recover special damages in an action of trespass, or on the case, in any court of record. No Irish statute contains any similar provision. Appeal to ses 8. 2. ing warrants not trespassers ab initio. Recorders of ci e.42.s.5 &6. Ir. And with respect to the constitution of the court of ties may appoint quarter sessions, the 21 & 22 Geo. 3. c. 42. Ir. recites, deputies to attend at sessions. (S. 5.) that by the charters and constitutions, and by the 21&22 Geo. 3. laws now in being with respect to several cities within Ireland, it is required that the mayor, recorder, and one or more justices of the peace of such cities and counties of cities, should personally attend and be present at the holding of all sessions of the peace within such cities, &c. and that great inconveniencies have arisen from the absence of the recorder of such cities, occasioned by sickness, accident, or necessary avocations, whereby such sessions cannot be holden; and enacts, that the recorder of such cities shall have power by writing under his hand and seal, in cases of sickness or necessary absence, with the consent of the chief ma gistrate gistrate, to appoint a deputy being a barrister at law, to fill the place of such recorder at such sessions, and adjournments thereof, during the absence of such recorder. And by s. 6. the deputy so constituted shall have the same power in all respects at such sessions, as the said recorder would have had if personally present. It is also Eng. a provision of the 39 Geo. 3. c. 55. Ir. that in all cities, 39 Geo. 3.c.35. learned ( |