OpenLegislation

Section VI No Certiorari on Conviction, excep Party convicted give £50 Securit to pay Costs.

Original text. Later amendments are not shown.

No double Penalty.

And whereas diverse Offenders duely convicted do comonly p[ro]cure Writts of Certiorari to remove such convictions into superiour Courts att Westminster in hopes thereby to discourage and weary out such persons injured by great delays expences and incertainties be it therefore enacted That no Certiorari shall be allowed to remove any conviction made or other proceeding of for or concerning any matter or thing in this Act unlesse the partie or parties against whom such conviction shall be made shall before the allowance of such Certiorari become bound to the person or persons prosecuteing in the su[m]m of Fifty pounds with such sufficient Sureties as the X1Justice or Justices of the Peace before whom such Offender was convicted shall think fitt with condition to pay unto the said Prosecutors (within one month after such conviction confirmed or Procedendo granted) their full Costs and Charges to be ascertained upon their Oaths And that in default thereof it shall be lawfull for the said Justice and Justices and others to proceed to the due execuc[i]on of such conviction in such manner as if no Certiorari had been awarded. Provided That where any Offender shall be punished by force of this Act X2 hee shall not be prosecuted nor incurr the penalty of any other Law or Statute for the same Offence.

Annotations

Editorial notes

X1

interlined on the Roll.

X2

Variant reading of the text noted in The Statutes of the Realm as follows: that O. [O. refers to a collection in the library of Trinity College, Cambridge]