1732: 5 George 2 c.19: An act to oblige the justices of the peace at their general or quarter sessions to determine appeals made to them according to the merits of the case, notwithstanding defects of form in the original proceedings, and to oblige persons suing forth writs of Certiorari to remove orders made on such appeals into his Majesty’s court of king’s bench, to give security to prosecute the same with effects.
WHEREAS in many cases where his Majesty’s justices of the peace by law are impowered to give or make judgments or orders, great expences have been occasioned by reason that such judgments or orders have, on appeals to the justices of the peace at their respective general or quarter sessions, been quashed or set aside upon exceptions or objections to the form or forms of the proceedings, without hearing or examining the truth and merits of the matter in question between the parties concerned: therefore to prevent the same for the future, may it please your most excellent Majesty that it may be enacted, and be it enacted by the King’s most excellent majesty, by and with the advice and content of the lords spiritual and temporal and commons, in this present parliament assembled, and by the authority of the same,
[After 24 June 1732, justices may rectify defects of form on appeals,]
That after the twenty fourth day of June one thousand seven hundred and thirty two, upon all appeals to be made to the justices of the peace at their respective general or quarter sessions to be holden for any county, riding, city, liberty or precinct, within that part of Great Britain called England- against judgments or orders given or made by any justices of the peace as aforesaid, such justices so assembled at any general or quarter sections shall and they are hereby required from time to time, within their respective jurisdictions, upon all and every such appeals so made to them, to cause any defect or defects of form that shall be found, in any such original judgments or orders, to be rectified and amended without any cost or charge to the parties concerned,
[and may proceed to determine them.]
and after such amendment made shall proceed to hear, examine and consider the truth and merits of all matters concerning such original judgments or orders, and likewise to examine all witnesses upon oath, and hear all other proofs relating thereto, and to make such determinations thereupon as by law they should or ought to have done, in case there had not been such defect or want of form in the original proceeding; any law, usage or custom to the contrary notwithstanding.
II. And whereas divers writs of Certiorari have been procured to remove such judgments or orders into his Majesty’s court of king’s bench at Westminster, in hopes thereby to discourage and weary out the parties concerned in such judgments or orders by great delays and expences:
[No Certiorari to be allowed to remove justices orders, without a recognizance of 50l. to prosecute to effect.]
be it therefore enacted by the authority aforesaid, That no Certiorari shall be allowed to remove any such judgment or order, unless the party or parties prosecuting such Certiorari before the allowance thereof, shall enter into a recognizance with sufficient sureties before one or more justices of the 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 any one of his Majesty’s justices of the said court of king’s bench, in the sum of fifty pounds, with condition to prosecute the same at his or their own costs and charges with effect, without any wilful or affected delay, and to pay the party or parties, in whose favour and for whose benefit such judgment or order was given or made, within one month after the said judgment or order shall be confirmed, their full costs and charges, to be taxed according to the course of the court where such judgments or orders shall be confirmed;
[On refusal of recognizance justices to proceed.]
and in case the party or parties prosecuting such Certiorari shall not enter into such recognizance, or shall not perform the conditions aforesaid, it shall and may be lawful for the said justices to proceed and make such further order or orders for the benefit of the party or parties for whom such judgment shall be given, in such manner as if no Certiorari had been granted.
[Recognizances to be certified into the king’s bench.]
III. And it is hereby further enabled by the authority aforesaid, That the recognizance and recognizances to be taken as aforesaid shall be certified into the court of king’s bench at Westminster, and there filed with the Certiorari and order, or judgment removed thereby; and if the said order or judgment shall be confirmed by the said court, the persons intitled to such costs for the recovery thereof, within ten days after demand made of the person or persons who ought to pay the said costs, upon oath made of the making such demand and refusal of payment thereof,
[Attachment for contempt.]
shall have an attachment granted against him or them by the said court for such contempt, and the said recognizance so given, upon the allowing of such Certiorari shall not be discharged, until the costs shall be paid, and the order so confirmed shall be complied with and obeyed.