4 $ CERT I 
commanding them to certify, or to return the records of 
a caufe depending before them; that the party may have 
the more lure and fpeedy juftice before the king, or fucli 
juftices as he {hall aflign to determine the caufe. This 
writ is either returnable in the king’s-bench, and then 
hath thefe words, “ fend to us or in the common bench 
and then has “• to our juftices of the bench;” or in the 
chancery, and then hath “ in our chancery, &c.” A 
writ of certiorari may be had at any time before trial, to 
certify and remove indifilments, with all the proceedings 
thereon from any inferior court of criminal jurifdiftion, 
into the court of king’s-bench, the fovereign ordinary 
court of juftice in caufes criminal. And this is frequent¬ 
ly done for one of four purpofes, i. To confider and 
determine the validity of appeals and indiftments, and 
the proceedings thereon; and to quafh or confirm them 
accordingly. 2. To have the prifoner or defendant tried 
at the bar of the courts, or before juftices of Nifi Prius 
when it is furmifed that a partial or infufficient trial will 
probably be had in the inferior court. 3. To plead the 
Icing’s pardon in the court of king's-bench. 4. To iftue 
procefs of outlawry againft the offender, in thofe coun¬ 
ties or places where the procefs of inferior judges will 
not reach him. 2 H. P. C. 210., 4 Cotnm. 320. 
A certiorari lies in all judicial proceedings, in which a 
writ of error does not lie ; and it is a confequence of all 
inferior jurifiliftions, erected by a6l of parliament, to 
have their proceedings returnable in the king’s- bench. 
But without laying a l'pecial ground before the court, it 
cannot be fued out to remove proceeding? in an aftion 
from the courts of the counties palatine. Doug. 749. 
It does not lie to judges of oyer and terminer to remove a 
recognizance of appearance. Lucas 278. Nor to remove 
apoor’srate. Stra. 932, 975. 
A certiorari lies to juftices of the peace and others, 
even in fucli cafes, which they are empowered by ftatute 
filially to hear and determine and the fuperintendency of 
the court of king’s-bench is not taken away without ex- 
prefs words. 2 Hawk. P. C. c. 27. That a certiorari 
does not lie to remove any other than judicial a£ts, fee 
Cald. 309. Where a certiorari is by law grantable for an 
indictment, at the fuit of the king, the court is bound to 
award it; for it is the king’s prerogative to fue in what 
court he pleafes: but it is at the difcretion of the court to 
grant or not, in cafe of private profecutions, and at the 
prayer of the defendant: and the court will not grant it 
for the removal of an indictment before juftices of gaol- 
delivery, without fome fpecial caufe; or where there is 
fo much difficulty in the cafe, that the judge defires it 
may be determined in B. R. &c. Burr. 2456. Alfo on 
indictments of perjury, forgery, or for heinous mifde- 
meanors, the court will not generally grant a certiorari 
to remove at the inftance of the defendant. 2 Hawk. P. 
C. c. 27. But in particular cafes, the court wfillufe their 
difcretion to grant a certiorari; as if the defendant be of 
good character, or if the profecution be malicious or at¬ 
tended with oppreffive circnmltances. 
Where ifliie is joined in the court below, it is a good 
objection againft granting a certiorari: and if a perfon 
doth not make ufe of this writ till the jury are fworn, he 
lofes the benefit of it. Stat. 43 Eliz. c. 5. After con¬ 
viction, a certiorari may not be had to remove an indict¬ 
ment, unlefs there be fpecial caufe; as if the judge below 
is doubtful what judgment is proper to be given, then it 
may. Stra. 1227. Burr. 749. And after conviction, &c. 
it lies in fuch cafes where writ of error will not lie. 1 
Salk. 149. The court on motion in an extraordinary cafe 
will grant a certiorari to remove a judgment given in an 
inferior court; but this is done where the ordinary w'ay 
of taking out execution is hindered in the inferior court. 
1 Lill. Abr 253. In common cafes a certiorari will not 
lie to remove a caufe out of an inferior court, after ver- 
diCt. It is never fued out after a writ of error, but where 
diminution is alleged: and when the thing in demand 
does not exceed 5/. a certiorari {hall not be had, but a 
O R A R T. 
writ of error or attaint. Stat. 21 Jac. 1. cap. 2-3. 12 Geoi. 
I. c. 29. A certiorari is to be granted on matter of law 
only : and in many cafes there muftbe a judge’s hand for 
it. 1 Lill. 232. Certioraris to remove indictments, See. 
are to be fignecl by a judge : and to remove orders, the 
fiat for making out the writ mult be (igned by fome 
judge. 1 Salk. 150. Certiorari lies to the courts of 
Wales; and the cinque ports, counties palatine, See.' 
2 Hawk. P. C. c. 27. 
Things may not be removed from before juftices of 
peace, which cannot be proceeded in by the court where 
removed ; as in caie of refufing to take the oaths, See. 
which is to be certified and enquired into, according to 
the ftatute. 1 Salk. 143-. And, where the court which 
awards the certiorari cannot hold plea on the record, 
there but a tenor of the record Ihall be certified; for 
otherwife if the record was removed into B R. as it can¬ 
not befent back, there would be a failure of right after¬ 
wards. 1 Danv. Abr. 792. But a.record fent by certio¬ 
rari into B. R. may be lent after by mittimus into-C. B* 
And a record into B. R. may be certified into chancery, 
and from thence be fent by mittimus into an inferior court, 
where an aftion of debt is brought into an inferior court, 
and the defendant pleads that the plantiffhath recovered 
-in B. R. and the plantiff replies Nul iiel record, (Ac. 1 
Sautid. 97, 99. 
The court of B. R. will grant anew certiorari to affirm 
a judgment, See. though generally one perfon can have 
but one certiorari. Cro.Jac. 369. A certiorari mav not 
be had to a court fuperior, or that has equal jurifdiftion, 
in which cafe day is given to bring in the record, cec. 
There are feveral ftatutes which reftrain, and many which 
abfolutely prohibit, a certiorari; in order to avoid frivo¬ 
lous and unfounded delays in juftice. By ftat. 11 Car. IT. 
no certiorari Ihall be allow-ed in certain cafes of tranfgref- 
fion of the excife laws. By ftat. 13 Geo. III. c. 78, no 
prefentmertt, Sec. of any highway Ihall be removed from 
the feflions, until it be traverfed, except the right to re¬ 
pair be the queftion. Or. by ftat. 5 and 6 W. and M. c. 
II, may come in queftion. But this means on t he part of 
the defendant only, for on the part of the profecution it 
lies before. No other proceedings under the highway-act 
may be removed by certiorari. But, if the feflionsmani- 
feftiy exceed their authority in making orders, they may 
be removed into the king’s bench by certiorari and quafh- 
ed. Leach's Hawk. P. C. ii. c. 27. By ftat. 16 Geo. III. 
againft deer-ftealers, no certiorari {hall iftue, unlefs the 
party convicted {hall become bound to the profecutor in 
iool. to pay full cofts and damages within thirty days, and 
to the juftice in 60I. to profecute the certiorari with efteft. 
But in appeal to the feflions, he may fue out a certiorari 
on fix days’ notice to profecute. And the like in effeft 
is enafted by ftats. 4 and 5 W. and M. c. 23, concerning 
game. Alfo by ftat. 1. An. c. 11. concerning the repair 
of bridges, no certiorari {hall be allowed. Nor by ftat. 
8 Geo. II. for punifhingdeftroyers of turnpikes. Nor by 
12 Geo. II. for aflefiing county rates. Nor on 19 Geo. II. 
againft curling and fwearing. Nor on 23 Geo. II. againft 
feducing artificers. Nor on 25 Geo. II. againft bawdy- 
houfes. Nor on 29 Geo. II. againft Healing lead, iron. 
Sic. Nor on 30 Geo. II. for preferving filh in the Thames. 
Nor on 30 Geo. II. for reftraining gaming in public 
lioufes. Nor on 31 Geo. II. for regulating bread. Nor on 
2 Geo. III. for preventing thefts in bumb-boats. Nor on 
10 Geo. III. againft dog-ftealers. 
By flat. 1 and 2 P. and M. c. 13, no certiorari Ihall be 
granted to remove any recognizance, unlefs figured by 
the chief juftice, or in his abfence by one of the other 
judges. By ftats. 5 and 6 W. and M. and 8 and 9 W. 
3. a certiorari may be granted in vacation time by any of 
the judges of B. R. and fecurity is to be found before it 
is allow-ed. No certiorari is to be granted out of B. R. 
to remove an indiftment, or prefentment, before juftices 
of peace at the feflions before trial, unlefs motion be made 
in open court, and the party indifted find fecurity by two 
perfons 
