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<p n="21">be of Equall Forces with that on View by two Justices of<lb></lb>
Highway out of repair And the Sessions are directed to proceed<lb></lb>
thereupon As by the Laws relating to Highways which Fines<lb></lb>
are to be estreated and are declared by the Statute 5 to: Elizee to<lb></lb>
be as good and of the same force Strenghth and Effect, in Law<lb></lb>
as if presented found and adjudged by the Oath of Twelve Men<lb></lb>
And not subject as wee humbly apprehend to be removed by<lb></lb>
Certiorari into the Kings Bench the Persons presented having<lb></lb>
a right only reserved by the Statute to traverse as upon<lb></lb>
Indictments for Trespasses or forceible Entry, Nor can wee<lb></lb>
Learn or have ever heard That a Certiorari was ever granted<lb></lb>
to remove a Presentment made of an Highway out of repair<lb></lb>
on the View of a Justice grounded on the said Statute 2 &<lb></lb>
3 Phil Etc Marice Etc 5 to: Elizee Notwithstanding which this<lb></lb>
Committee find That severall of the Inhabitants Who have been<lb></lb>
fined for bad Pavements by the Quarter Sessions have moved the<lb></lb>
Kings Bench for Certiorari's upon the High Bailiffs Demand of<lb></lb>
the Fines by virtue of the Estreats issued out of this Court And<lb></lb>
served the Justices before whom the Presentments were made<lb></lb>
in their speciall Sessions with Rules to shew Cause why such<lb></lb>
Certiorari's should not be granted Which Proceedings of the<lb></lb>
Kings Bench the Justices think a Great Hardshipp on them<lb></lb>
as putting them to the Trouble and Charges of Appearing by<lb></lb>
Counsill And hath puts a Stopp to any further Proceedings by the<lb></lb>
Justices on whom such Rules have been served they doubting<lb></lb>
whether they are at Liberty to Proceed pending such Proceedings<lb></lb>
in the Kings Bench by which Meanes the Pavements so presented<lb></lb>
lye in a ruinous Condition and must continue so till some<lb></lb>
Determinacon be had thereupon Which the Court of Kings Bench<lb></lb>
have not yets done.</p>
<p n="22">This Committee further Observe That upon the Return made by<lb></lb>
the High Bayliffe of this City & Liberty to this Court It appeares<lb></lb>
That but one Fine sett by Virtue of the Slat 2 Georg 2 di: has been<lb></lb>
levied Tho the Clerk of the Peace has discharged his Duty in<lb></lb>
delivering the Estrests of the Fines Forfeitures and Americaments<lb></lb>
(sett by this Court) to the High Bailyffe of this City and Liberty<lb></lb>
And ever apprehend the Validity of the Estreats by the Clerke of the<lb></lb>
Peace for this City and Liberty are liable to be disputed the Statute</p>
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