the Judges, or delivering the same without the points for argument, if the Court shall so please. 23. Every Recognizance acknowledged on the removal of an Indictment, Order, or other proceeding, or to prosecute any Information granted by the Court, or for the appearing or answering of any party in the said Court, or for good behaviour, shall, after the acknowledgment thereof, be transmitted to the Crown-Office, and filed there. 24. No Recognizance shall henceforth be forfeited, estreated, or put upon the Estreat Roll, unless a Rule or Notice shall have been previously served upon the parties by whom such Recognizance shall have been given, calling upon them to perform the conditions thereof, and no default shall be considered to be made in performing the conditions of a Recognizance by reason of the Trial of any Indictment or Presentment, or the Argument on any Order, or Conviction, or other proceeding, having stood over, where such Indictment has been made a remanet, or such Indictment or Order has stood over by Order of the Court, or by consent in writing of the parties. 25. No Recognizance shall henceforth be forfeited or estreated, or put upon the Estreat Roll in respect of any alleged default, without the order of this Court (or of a Judge thereof). THE PRACTICE OF THE CROWN SIDE OF THE COURT OF QUEEN'S BENCH. PART 1. Original Proceedings. II. Proceedings in the court, as a court of supervision or appeal. III. Collateral proceedings. PART I. Original Proceedings. CHAPTER I. Proceedings by indictment or criminal informa tion. II. Information in the nature of quo warranto. CHAPTER I. Proceedings by Indictment or Criminal Information. SECTION 1. Indictment, p. 2. 2. Information by the Queen's coroner and attorney, P. 16. 3. Information ex officio, p. 42. 4. Process upon indictments and informations, p. 43. 5. Outlawry, p. 47. 6. Bail, p. 53. 7. Appearance and plea, p. 55. 8. Replication, &c., p. 61. 9. Demurrer, p. 63. 10. Suggestion for trial in another county, p. 66. to trial, p. 67. b SECTION 12. Costs of the day for not proceeding to trial, 1. What, and in what cases, and how preferred and found, p. 2. 2. Form of it, p. 3. 1. Indictment, what, and in what cases, and how preferred and found. What, and in what cases.] An indictment is an accusation at the suit of the crown, found to be true by the oaths of a grand jury. 2 Hawk. c. 25. It lies for all treasons and felonies, and for all misdemeanors of a public nature. Although the court of Queen's Bench have original jurisdiction in all treasons, felonies and misdemeanors, committed in the county in which they happen to sit, yet it is only in cases of misdemeanor that they usually exercise it; in cases of treason and felony, the bills are seldom, in practice, preferred here, unless the case be of such consequence as to warrant the attorney-general, on the part of the crown, in requiring a trial at bar. How preferred and found.] There are two grand juries summoned to this court every term, the one from the hundred of Ossulston, and the other from the hundreds of Elthorne, Spelthorne, Isleworth, Elton and Gore-all in the county of Middlesex and they attend at half-past nine o'clock in the morning of some day early in the term, fixed for the purpose by the senior puisne judge on the first day of the term, at which time they are sworn, and are charged usually by the senior puisne judge. They then retire to their rooms, to receive any indictments which may be preferred before them, and to transact some routine business relating to presentments by constables, which it is unnecessary here to notice. They then adjourn, one jury to the last day but two of term, the other to the last day of the term but one, when they assemble respectively in their rooms, for the purpose of receiving any more bills of indictment, which may be preferred before them; and after they have found or ignored them, they deliver them into court, and are then discharged by the senior puisne judge present. Get your bill drawn by counsel, engross it on parchment, indorse on it the names of the witnesses, and take it, with your witnesses, to the grand jury room. Send the bill into the grand jury, and three or four of the jurors will come out, and accompany the witnesses to the court, to see them sworn. One of the criers will then swear the witnesses in their presence, and will certify their being sworn on the back of the bill; after which the grand jury return to their room with the bill, and the witnesses, being in attendance, are then called in one after another, and examined separately. The grand jury then find or ignore the bill, indorsing on it "a true bill," or "no bill" accordingly, to which the foreman signs his name as "foreman ;" and they return it, with the other bills, into court, as above mentioned. The bill is then filed in the crownoffice. Pay 1s. for filing. It is not incumbent upon the grand jury to find the whole of the bill; they may find a true bill as to one count, and not a true bill as to another. R v. Fieldhouse, Cowp. 325. But, except in the case of murder, where they may find a true bill for manslaughter, they cannot find a true bill as to part of a count, and reject the remainder. 2 Hawk. c. 25, s. 2. If any witness will not attend voluntarily before the grand jury, you may sue out a subpoena to compel him. Vide post. In like manner, you may have a habeas corpus to bring up a person in custody, to give evidence before the grand jury. Vide post. 2. Form of the Indictment. We shall notice shortly the law relating to the form of an indictment, under three heads :-the commencement, the body of the indictment, and the conclusion. The Commencement. The following is the form of the commencement of an indictment: Middlesex to wit: The jurors for our Lady the Queen upon their oath present, that ["J. S. late of the parish of B. in the county aforesaid, labourer," &c.,] stating the facts constituting |