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Costs.

NoCertiorari VI. And whereas it is expedient to make further Provision for preto issue to venting the vexatious Removal of Indictments into the Court of remove Indictment, Queen's Bench: Be it therefore enacted, That whenever any Writ of unless ReCertiorari to remove an Indictment into the said Court shall be cognizance given for awarded at the Instance of a Defendant or Defendants, the Recogni- 5 Payment of zance now by Law required to be entered into before the Allowance of such Writ shall contain the further Provision following; that is to say, that the Defendant or Defendants, in case he or they shall be convicted, shall pay to the Prosecutor his Costs incurred subsequent to the Removal of such Indictment; and whenever any such Writ of Certiorari 10 shall be awarded at the Instance of the Prosecutor, the said Prosecutor shall enter into a Recognizance (to be acknowledged in like Manner as is now required in Cases of Writs of Certiorari awarded at the Instance of a Defendant) with the Condition following; that is to say, that the said Prosecutor shall pay to the Defendant or Defendants, in 15 case he or they shall be acquitted, his or their Costs incurred subsequent to such Removal.

How Costs

and reco

vered.

VII. The Costs herein-before respectively mentioned shall be taxed to be taxed according to the Course of the Court of Queen's Bench; and for the Recovery thereof the Persons entitled thereto shall, at the Expiration 20 of Ten Days after Demand made of the Person or Persons at whose Instance the Writ of Certiorari was awarded, and on Oath made of such Demand and Refusal of Payment, have a Writ of Attachment granted against him or them by the Court of Queen's Bench for such Contempt; and the said Court shall and may also order the said 25 Recognizance to be estreated into the Exchequer.

If no Recog-
nizance
given, Court
to try as if

no Certiorari

awarded.

Not to apply

to certain Certioraris

awarded.

Secretary of

State may

issue his

Warrant for bringing up

a Prisoner

VIII. If the Person or Persons at whose Instance any Writ of Certiorari shall be awarded shall not, before the Allowance thereof, enter into such Recognizance as is herein-before provided, the Court to which such Writ may be directed shall and may proceed to the Trial of the 30 Indictment, as if such Writ of Certiorari had not been awarded.

IX. This Act shall not extend to any Writ of Certiorari awarded at the Instance of Her Majesty's Attorney General.

X. It shall be lawful for One of Her Majesty's Principal Secretaries of State, or any Judge of the Court of Queen's Bench or Common 35 Pleas, or any Baron of the Exchequer, in any Case where he may see fit to do so, upon Application by Affidavit, to issue a Warrant or Order under his Hand for bringing up any Prisoner or Person confined in any Gaol, Prison, or Place, under any Sentence or under cess) to give Commitment for Trial or otherwise, (except under Process in any Civil 40 Action, Suit, or Proceeding,) before any Court, Judge, Justice, or other

(not in Cus

tody under Civil Pro

Evidence.

Judicature,

Judicature, to be examined as a Witness in any Cause or Matter, civil or criminal, depending or to be inquired of or determined in or before such Court, Judge, Justice, or Judicature; and the Person required by any such Warrant or Order to be so brought before such 5 Court, Judge, Justice, or other Judicature shall be so brought under the same Care and Custody, and be dealt with in like Manner in all respects, as a Prisoner required by any Writ of Habeas corpus awarded by any of Her Majesty's Superior Courts of Law at Westminster to be brought before such Court to be examined as a Witness 10 in any Cause or Matter depending before such Court is now by Law required to be dealt with.

XI. This Act shall not extend to Scotland or Ireland.

Extent of
Act.

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ARRANGEMENT OF CLAUSES.

Sect.

1. Yearly Return of Land and Live Stock. Schedule, Form A.

2. Abstracts of Returns to be made and published.

3. Schedule to the Act and Limit of Acreage may be altered.

4. Appointment of Collectors and Receivers of Returns.

5. Overseers to furnish Extracts from Rate Book. Schedule, Form B.

6. Occupiers to make Returns.

7. Occupiers not making Returns may be examined;

Or made to pay the Expense of obtaining the Information.

8. Right of Inspection of Rate Books and Tithe Commutation Map, and Apportionment of Rentcharge.

9. Penalties.

10. Forfeitures to be recovered summarily.

Application of Forfeitures.

11. Evidence.

12. Allowances and Expenses.

13. Construction of Terms in this Act.

14. Short Title.

SCHEDULES.

FORM A. Return from Occupiers of Land.

FORM B. Extract from Poor's Rate.

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