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London Lives 1690 to 1800
Crime, Poverty and Social Policy in the Metropolis
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be of Equall Forces with that on View by two Justices of
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Highway out of repair And the Sessions are directed to proceed
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thereupon As by the Laws relating to Highways which Fines
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are to be estreated and are declared by the Statute 5 to: Elizee to
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be as good and of the same force Strenghth and Effect, in Law
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as if presented found and adjudged by the Oath of Twelve Men
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And not subject as wee humbly apprehend to be removed by
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Certiorari into the Kings Bench the Persons presented having
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a right only reserved by the Statute to traverse as upon
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Indictments for Trespasses or forceible Entry, Nor can wee
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Learn or have ever heard That a Certiorari was ever granted
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to remove a Presentment made of an Highway out of repair
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on the View of a Justice grounded on the said Statute 2 &
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3 Phil Etc Marice Etc 5 to: Elizee Notwithstanding which this
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Committee find That severall of the Inhabitants Who have been
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fined for bad Pavements by the Quarter Sessions have moved the
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Kings Bench for Certiorari's upon the High Bailiffs Demand of
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the Fines by virtue of the Estreats issued out of this Court And
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served the Justices before whom the Presentments were made
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in their speciall Sessions with Rules to shew Cause why such
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Certiorari's should not be granted Which Proceedings of the
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Kings Bench the Justices think a Great Hardshipp on them
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as putting them to the Trouble and Charges of Appearing by
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Counsill And hath puts a Stopp to any further Proceedings by the
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Justices on whom such Rules have been served they doubting
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whether they are at Liberty to Proceed pending such Proceedings
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in the Kings Bench by which Meanes the Pavements so presented
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lye in a ruinous Condition and must continue so till some
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Determinacon be had thereupon Which the Court of Kings Bench
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have not yets done.
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This Committee further Observe That upon the Return made by
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the High Bayliffe of this City & Liberty to this Court It appeares
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That but one Fine sett by Virtue of the Slat 2 Georg 2 di: has been
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levied Tho the Clerk of the Peace has discharged his Duty in
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delivering the Estrests of the Fines Forfeitures and Americaments
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(sett by this Court) to the High Bailyffe of this City and Liberty
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And ever apprehend the Validity of the Estreats by the Clerke of the
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Peace for this City and Liberty are liable to be disputed the Statute
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