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mayor and

Amongst the pleas of the king. Roll.

burgesses of Northumberland being the next

a town, for not cleansing and repair. ing a port, plea of not guilty, and issue there. on. (ƒ)

To wit. Some time ago, adjoining county to the town that is to say, on Saturday, of N. upon T. and county of the twentieth day of July, the same town. Amongst the in the thirty-ninth year of indictments of last Michael- of the reign of our sovermas term. No. 1. eign lord George the third, now king of Great Britain, and so forth, at the general session of oyer and terminer of the lord the king holden at the castle of N. upon T. in and for the county of N. before the honourable Sir S. L. Knight, one of the justices of our lord the king, assigned to hold pleas before the king himself, the honourable Sir S. le B. knt. one other of the justices of our lord the king assigned to hold pleas before the king himself, and others their fellows, justices of the said lord the king, assigned by letters patent of our said lord the king under his great seal of Great Britain, to the said justices before named, and others their fellows, justices aforesaid, and any two or more of them directed, of whom one of them, the said Sir S. L. and Sir S. le B. amongst others in the said letters patent named, the said lord the king willed should be one as well to hear and determine, (g) and to deliver the gaol of the said lord the king there, as to enquire the truth more fully by the oaths of good and lawful men within the said county of N. and by other ways, means and measures by which they should or might the better know, as well within liberties as without, by whom the truth of this matter might be the better known and inquired into, concerning all treasons, misprisions of treason, insurrections, rebellions, murders, killings, felonies, burglaries, rapes of women, unlawful meetings [* 287] and* conventicles, unlawful uttering of words, assemblies, misprisions, confederacies, false allegations, trespasses, riots, routs, retentions, escapes, contempts, falsities, negligences, concealments, maintenances, offences, and injuries whatsoever, as also the accessaries of the same within the county of N. aforesaid, as well against the form of whatsoever statutes as the common law within the county of N. aforesaid, by whomsoever, and after what manner soever done or committed, and by whom and to whom, when, how, and after what manner, and of all other articles, things, and circumstances that concern the premises, or any of them, in any manner whatsoever, and to hear and determine according to the laws and customs of England, the same treasons, insurrections, rebellions, murders, killings, unlawful meetings and conventicles, unlawful uttering of words, and other the premises by the oath of twelve jurors, good and lawful men of

f) Hand. Prac. 394.

tion carefully. See ante 192. (g) Set out the form of cap- Hand. Prac. 394.

the said county of N. then there impanelled, sworn, and charged to enquire for our said lord the king, and the body of the said county of N. it was presented in manner and form as followeth, that is to say, Northumberland being the adjoining county to the town of N. upon T. and county of the same town. The jurors, &c. [here set out the indictment,] which said indictment our said lord the king afterwards for certain reasons caused to be brought before him to be determined according to the law and custom of England. Wherefore the sheriff of the said county of N. is commanded that he do not forbear, by reason of any liberty in his bailiwick, but that he cause them to come to answer to our said lord the king touching and concerning the premises aforesaid. And now, that is to say, on Wednesday next, after fifteen days from the feast day of Easter in this same term, before our said lord the king at W. come the mayor and burgesses of the town of N. upon T. aforesaid, by H. T. their clerk in clerk in court, and having heard the said indictment read, they say that they are not guilty thereof, and hereupon they put themselves upon the country, and J. T. esquire, coroner and attorney of our said lord the king, in the court of our said lord the king, before the king himself, who for our said lord the king in this behalf prosecuteth, doth the like.

(h)

[* 288]

Kent. Be it remembered that Richard Pepper Arden, Issue on a esquire, late attorney general of our present sovereign lord plea of not the king, who for our said lord the king in this behalf pro-information guilty to an secuteth in his proper person, came here into the court of our filed by a said lord the king, before the king himself at Westminster, former attor on Monday next after the morrow of All Souls, in the twen- ney-general. ty-seventh year of the reign of his present* majesty, and for our said lord the king, brought into the court of our said lord the king, before the king himself, then there a certain information against C. D. late of the parish of Saint Paul, Deptford, in the county of Kent, waterman, which said information follows in these words, that is to say :-Kent. Be it remembered, &c. (set out the whole of the information,). wherefore the sheriff of the said county of Kent was commanded that he should not forbear, by reason of any liberty in his bailiwick, but that he should cause to come the said C. D. to answer to our said lord the king touching and concerning the premises aforesaid. And now, that is to say, on Friday next after the morrow of All Souls, in this same term, before our said lord the king at Westminster, cometh the said C. D. by his clerk in court, and having heard the said information read, he saith that he is not guilty thereof, and hereupon he putteth himself upon the country, and Sir Archibald Macdonald, knight, now attorney general of our

(h) 4 Wentw. 387. Ante 1 vol. 482,

said lord the king, who for our said lord the king in this behalf prosecuteth, doth the like.

Practice on prosecutions for misde.

reading in

RECOGNIZANCE TO TRY TRAVERSE.

The practice is stated to be as follows:-The party indicted comes into court and brings with him two sufficient housemeanours at keepers for his pledges, and his solicitor makes a note of their sessions, of names and additions, which he delivers to the clerk in court dictment, re- who is to take the recognizance. Then the clerk reads the ceiving plea, indictment to the party indicted, and says, "Are you guilty, and taking or not guilty?" and the person indicted says, in general," Not recogni. zance to try guilty," which is the mode of pleading the general issue. averse Then the clerk the party indicted by names and take the recognizance in the following manner :

traverse. (i)

Recognizance to try

A. B. you acknowledge to owe to our sovereign lord the traverse. (k) king the sum of 401. C. D. and E. H. (the pledges) you and each of you acknowledge to owe to our sovereign lord the king the sum of 201. to be levied upon your several goods and chattels, lands and tenements, by way of recognizance to his majesty's use, upon condition that if you A. B. shall be and appear at the next session of the peace to be holden for this county (sometimes are here added, "and within the three first days of the same session,") to try your traverse upon the indictment to which you have now pleaded not guilty, and not to depart the court without leave. Are* you content? To which the defendant and his pledges severally answer, "Yes," or we are contented," and then may leave the court. The King against Edward Rich.

[* 289]

Prosecutor's notice in K. B. of trial of a misde meanour at

sittings after term. (1)

Middlesex.

Whereas in Trinity term last an indictment was preferred and found against you the above named defendant for certain misdemeanours, in publishing certain obscene libels, to which indictment you appeared and pleaded not guilty, in person, in his majesty's court of king's bench, at Westminster, and you will now take notice, that you will be tried upon the same indictment at the sittings of nisi prius to be held after this present Michaelmas term, in the said court of king's bench, at Westminster, in and for the county of Middlesex. Dated this 20th day of November, 1806.

Yours, &c.

To Mr. Edward Rich, the above named defendant.

R. and F. Solicitors for the prosecution.

(i) See Williams, J. Sessions. Dick. Sess. 152. Ante 1 vol. 486. (k) Williams, J. Sessions. Cro.

C. C. 7th Ed. 751. Dick. Sess.
152. Ante 1 vol. 486.
(1) Ante 1 vol. 488.

In the king's bench.

Sir,

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Notice of trial is given by the prosecutor for the sitting of defendant's nisi prius, to be holden after this term in and for the county solicitor,

of Middlesex.

Crown-office,

Nov. 21st, 1814.

that prosecu tor has given notice of tri

al for sittings

Notice by

I am, yours, &c.

E. F.

after term in Middlesex.

The King

against
C. D.

In the king's bench.

Sir,

clerk in court of defendant,

to defen

The notice of trial given by the prosecutor for the sitting dant's soli of nisi prius, to be holden after this term, in and for the citor, of the county of Middlesex, is this day countermanded. I am, sir, yours,

Crown-office,

Dec. 5, 1814.

E. F.

The King
against

countermand of no. tice of trial.

In the king's bench.

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J. P. of, attorney for the above named defendant, Affidavit by maketh oath and saith, that on Tuesday the ninth day of attorney for May last past, the above named prosecutor preferred, at the that notice general sessions of the peace holden at the great sessions- of trial had house in and for the* county of Middlesex, an indictment been counagainst the above named defendant for a certain offence by the protherein alledged to have been committed by the above named secutor, afdefendant, and a true bill was found at the same sessions, ter he had and thereupon the above named prosecutor removed the said been at great indictment into this honourable court, and the above named retaining defendant pleaded thereto, and issue was joined thereon. counsel, &c. And this deponent further saith, that on the twenty-first day of November last past, the above named prosecutor delivered, or cause to be delivered, the issue with notice of trial thereon for the sittings at nisi prius, to be holden after Michaelmas term last past, and the said indictment was set down for trial according to such notice. And this deponent further saith, that in consequence of such notice of trial the above named defendant was compelled to prepare briefs, fee counsel, issue several subpoenas, and pay several sums of money therewith, and the said indictment was appointed to be tried on Thursday the 7th day of December last. And this deponent further saith, that after the said briefs had been delivered, fees paid to counsel, subpoenas issued, and conduct money paid therewith, the above named prosecutor, by Messrs. G. and M. his attornies, on Tuesday the 5th day of December, at one quarter of an hour before eight o'clock in the evening, delivered, or caused to be delivered, a countermand of notice of the above mentioned trial to be served on this deponent,

Defendant's notice of in

tention to

try traverse.

(m)

and the said indictment now remains at issue to the great prejudice and expence of the above named defendant. Sworn, &c.

Mr. A. B.

O. P.

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Take notice that I intend to appear at the next general or general quarter sessions of the peace to be holden at (" or to be holden by adjournment at") the Guildhall, in, in and for the county of M. on next, being the

by

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day of o'clock in the forenooon of the same day, and then and there try my traverse upon the indictment which have preferred against me for assaulting you.

Dated, &c.

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Defendant's continuance of the like to another

day.

you

C. D.

The king for the prosecution of
Henry Charles Elsegood
against
John Green.

Mr. Henry Charles Elsegood,

Take notice, that I intend to appear at the next general session of the peace to be holden at the sessions house in Clerkenwell-green in and for the county of Middlesex, on Monday the 13th day of February instant, by ten of the clock in the forenoon of the same day, and then and there try my traverse upon the indictment you have preferred against me for assaulting you. Dated the 6th day of February, 1815. Your's, &c. John Green.

Witness,

Wm. Smee.

The king on the prosecution of
Henry Charles Elsegood
against
John Green.

Take notice, that I shall personally appear at the next general sessions of the peace to be holden at the sessions house on Clerkenwell-green, in and for the county of Middlesex, on Tuesday the 14th day of February instant, instead of Monday the 13th, as mentioned in my former notice served on you the 6th day of February instant, at ten of the clock in the forenoon of the same day, and then and there plead not guilty to, and try my traverse on, the indictment preferred by you against me for an assault. Dated this 11th day of February, 1815.

(m) Ante 1 vol. 488. Williams, J. tit. Sessions. Cro. C. C.

Your's, &c.

John Green.

298. Dick. Sess. 153.
(n) Ante 1 vol. 488.

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