be of Equall Forces with that on View by two Justices of
Highway out of repair And the Sessions are directed to proceed
thereupon As by the Laws relating to Highways which Fines
are to be estreated and are declared by the Statute 5 to: Elizee to
be as good and of the same force Strenghth and Effect, in Law
as if presented found and adjudged by the Oath of Twelve Men
And not subject as wee humbly apprehend to be removed by
Certiorari into the Kings Bench the Persons presented having
a right only reserved by the Statute to traverse as upon
Indictments for Trespasses or forceible Entry, Nor can wee
Learn or have ever heard That a Certiorari was ever granted
to remove a Presentment made of an Highway out of repair
on the View of a Justice grounded on the said Statute 2 &
3 Phil Etc Marice Etc 5 to: Elizee Notwithstanding which this
Committee find That severall of the Inhabitants Who have been
fined for bad Pavements by the Quarter Sessions have moved the
Kings Bench for Certiorari's upon the High Bailiffs Demand of
the Fines by virtue of the Estreats issued out of this Court And
served the Justices before whom the Presentments were made
in their speciall Sessions with Rules to shew Cause why such
Certiorari's should not be granted Which Proceedings of the
Kings Bench the Justices think a Great Hardshipp on them
as putting them to the Trouble and Charges of Appearing by
Counsill And hath puts a Stopp to any further Proceedings by the
Justices on whom such Rules have been served they doubting
whether they are at Liberty to Proceed pending such Proceedings
in the Kings Bench by which Meanes the Pavements so presented
lye in a ruinous Condition and must continue so till some
Determinacon be had thereupon Which the Court of Kings Bench
have not yets done.

This Committee further Observe That upon the Return made by
the High Bayliffe of this City & Liberty to this Court It appeares
That but one Fine sett by Virtue of the Slat 2 Georg 2 di: has been
levied Tho the Clerk of the Peace has discharged his Duty in
delivering the Estrests of the Fines Forfeitures and Americaments
(sett by this Court) to the High Bailyffe of this City and Liberty
And ever apprehend the Validity of the Estreats by the Clerke of the
Peace for this City and Liberty are liable to be disputed the Statute