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II. Provided always, and be it further enact-
courts, or for any judge of the same respectively,
III. And be it further enacted, That from and after the passing of this act, where any person shall be prosecuted for any misdemeanor by indictment at any session of the peace, session of oyer and terminer, great session, or session of gaol delivery within that part of Great Britain called England, or in Ireland, having been committed to custody or held to bail to appear to answer for such offence (1) twenty days at the least before the session at which such indictment shall be found, he or she shall plead to such indictment, and trial shall proceed thereupon at such same session of the peace, session of oyer and terminer, great session, or session of gaol delivery respectively, unless a writ of certiorari for removing such indictment into His Majesty's Courts of King's Bench at Westminster or in Dublin respectively, shall be delivered at such session before the jury shall be sworn for such trial. (2)
(1) Where a prisoner was committed for a rape, more than twenty days before the assizes, and afterwards at the assizes the grand jury threw out the bill for the rape, but found a bill for an assault with intent to commit it, Vaughan, B. held that the prisoner was entitled to traverse this latter indictment. Rex v. James, 3 Car. & P. 222.
(2) Before this act, persons indicted for misdemeanors were not bound to proceed to the trial of the indictment at
may issue as
IV. And it is hereby declared and enacted, Certiorari That such writ of certiorari may be applied for well before as and issued before such indictment has been ment found. found, in the like cases, in the same manner, and upon the same terms and conditions, as if such writ of certiorari had been applied for after such indictment had been found. (3)
or holden to indictment, when to plead and try.
bail until after
V. And be it further enacted, That from and Persons not after the passing of this act, where any person shall be prosecuted for any misdemeanor by indictment at any session of the peace, session of oyer and terminer, great session, or session of gaol delivery within that part of Great Britain called England, or in Ireland, not having been committed to custody or held to bail to appear to answer for such offence twenty days before the session at which such indictment shall be found, but who shall have been committed to custody or held to bail to appear to answer for such offence at some subsequent session, or shall have receiv
the same assizes or sessions at which it was found, but might traverse it until the next assizes or sessions. In like manner, the prosecutors could not be compelled to proceed to trial at the same assizes or sessions at which the indictment was found. And such is the practice at present in all cases of indictments for the non-repair of bridges or highways, (see sect. 10, post, 41,) and in all other cases of misdemeanors, where the defendant has not been committed or holden to bail twenty days before the sessions or assizes.—(See sect. 5, supra.)
(3) As to writs of certiorari to remove indictments or presentments from the sessions for London, Westminster, the liberty of the Tower of London, the borough of Southwark, and the counties of Middlesex, Essex, Kent, and Surrey, into the Central Criminal Court, to be tried there, see stat. 4 & 5 Will, 4. c. 36, s. 16.
Not to prevent indict
ments being from a city
or town to an
adjoining county, to be tried.
ed notice of such indictment having been found twenty days before such subsequent session, he or she shall plead to such indictment at such subsequent session, and trial shall proceed thereupon at such same session of the peace, session of oyer and terminer, great session, or session of gaol delivery respectively, unless a writ of certiorari for removing such indictment into His Majesty's Courts of King's Bench at Westminster or in Dublin respectively, shall be delivered at such last-mentioned session before the jury shall be sworn for such trial, any law or usage to the contrary notwithstanding.
VI. Provided always, and be it further enacted, That nothing in this act contained shall extend or be construed to extend to prevent any indictment found by a grand jury of any city or town corporate, from being removed, at the prayer of any defendant, for trial by a jury of the county next adjoining to the county of such city or town corporate, pursuant to the provisions of an act passed in the thirty-eighth year of his present 38 G. 3. c. 52. majesty's reign, intituled "An Act to regulate the
trial of causes, indictments, and other proceedings, which arise within the counties of certain cities and towns corporate within this kingdom;" and upon such removal, the defendant shall plead, and the trial shall be had according to the provisions of this act, in like manner as if such indictment had been originally found by a grand jury of such next adjoining county.
VII. Provided also, and be it enacted, That it Court may shall be lawful for the court, at any session of the time to plead peace, session of oyer and terminer, great session, or session of gaol delivery respectively, upon sufficient cause shewn for that purpose, to allow further time for pleading to any such indictment, or for trial of the same.
tions by the
to be deli
VIII. And be it further enacted by the autho- In prosecu rity aforesaid, That in all cases of prosecutions attorney or for misdemeanors, instituted by his majesty's solicitor attorney or solicitor-general, in any of the courts copy of the aforesaid, the court shall, if required, make order or indictment that a copy of the information or indictment shall vered to the be delivered, after appearance, to the party prosecuted, or his clerk in court or attorney, upon application made for the same, free from all expense to the party so applying; provided that such party, or his clerk in court or attorney, shall not have previously received a copy thereof.
to trial within
allow defendaut to bring
IX. Provided also, and be it further enacted, If such prosecution That in case any prosecution for a misdemeanor is not brought instituted by his majesty's attorney or solicitor- twelve calengeneral in any of the courts aforesaid, shall not Court may be brought to trial within twelve calendar months next after the plea of not guilty shall have been on the trial. pleaded therein, it shall be lawful for the court in which such prosecution shall be depending, upon application to be made on the behalf of any defendant in such prosecution, of which application twenty days previous notice shall have been given to his majesty's attorney or solicitor-general, to make an order, if the said court shall see just
No to ex
tend to quo
cause so to do, authorizing such defendant to bring on the trial in such prosecution; and it shall thereupon be lawful for such defendant to bring on such trial accordingly, unless a nolle prosequi shall have been entered in such prosecution.
X. And be it further enacted, That nothing in warranto, &c. this act contained shall extend or be construed to extend to any prosecution by information in nature of a quo warranto, or for the non-repair of any bridge or highway.
tion for a
60 GEO. III. and 1 GEO. IV. c. 8.
An Act for the more effectual Prevention and Pu-
WHEREAS it is expedient to make more effectual provision for the punishment of blasphemous and seditious libels: be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, After convic- and by the authority of the same, That from and blasphemous after the passing of this act, in every case in which libel, court to any verdict or judgment by default shall be had make order against any person, for composing, printing, or publishing any blasphemous libel, or any seditious libel tending to bring into hatred or contempt the person of his majesty, his heirs or successors, or the regent, or the government and constitution of the united kingdom as by law established, or
for the seizure
of copies of