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London Lives 1690 to 1800
Crime, Poverty and Social Policy in the Metropolis
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London Lives Book
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January Session 1749
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Representation of the Justices
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of the peace of Middx to the Judges
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agt. an Order made by the Court of
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Goal Delivery at the
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old Baily
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To the Right Honoble Sir
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William Lee
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Knt
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. Lord Chief Justice of the Court of Kings Bench To
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the Right Honoble Sir
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John Willes
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Knt
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. Lord Chief Justice of the
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Court of Common pleas
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Sir
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Thomas Parker
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Knt
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. Lord Chief Baron of
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the Court of Exchequer
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and to the rest of the Justices
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and Barons of the said Courts.
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The Memorial and Representation of his Majestys
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Justices of the Peace
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for the
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County of Middx
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in General Quarter Sessions assembled on the eighteenth day of
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January 1749.
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That by a Rule or Order made some years past and still in force at a Sessions of General Goal
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Delivery holden for the County of
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Middx
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at Justice Hall in the
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Old Baily
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no Bill of Indictment
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found at the General or Quarter Sessions's held at
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Hicks's Hall
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and sent from thence to the said
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Court at the
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Old Baily
</
rs
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is to be received there if not sent down by or before two of the Clock of the
<
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</
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second day of the Sitting of the said Court And that such Rule might as much as possible be
<
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</
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observed and complyed with we have from time to time recommended it to the
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Justices of the Peace
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to inform the Prosecutors of this Rule on every Commitment they shall make to appear and
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prosecute
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at the beginning of the Sessions and also directed the Grand Jury as soon as they
<
lb
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</
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>
are sworn to proceed on the Felony Bills first But as the Observance of this Rule is attended
<
lb
>
</
lb
>
with many Inconveniencies to the publick and this Method taken by us has not and we find
<
lb
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</
lb
>
will not avail to remove them we have thought proper to lay the same before your Lordships
<
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</
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and to submit to your Lordships whether such Rule ought not to be set aside or at least varied
<
lb
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</
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>
We shall not presume to examine into the legallity of this Rule but beg leave to
<
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enumerate to your Lordships several Inconveniencies attending the observance of it and
<
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that publick Justice may be in some measure obstructed by it
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1st.
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That if Bills found at the Sessions here are sent down to the Court at the
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Old Baily
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and not
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there received the party is discharged though the Bill is found and the Criminal at full
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</
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Liberty to go
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where he pleases
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<
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"1436"
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<
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"margin"
>
2.
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The Observance of this Rule gives Room to make up Felonies for if on the Prosecutors.
<
lb
>
</
lb
>
Evidence given to the Grand Jury the Bill is found and the Court at the
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type
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"placeName"
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Old Baily
</
rs
>
<
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"Old Baily"
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</
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"undefined"
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</
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will not
<
lb
>
</
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>
receive the Bill nor try the accused but set him at large the Prosecutor hath fulfilled his
<
lb
>
</
lb
>
Recognizance and next Sessions he may not be inclined to see after the Criminal or if the
<
lb
>
</
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>
<
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Prosecutor
</
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before the Sessions be disposed to make it up he will not come before the Grand
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Jury
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till Thursday
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Evening or Friday Morning when he knows the Court at the
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Old Baily
</
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inst
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type
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"Old Baily"
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</
interp
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>
</
interp
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<
lb
>
</
lb
>
will not receive the Bill when found and though he is consenting to the Criminal's discharge
<
lb
>
</
lb
>
yet he will have fulfilled his Recognizance by which means the Law to compell the Prosecutors
<
lb
>
</
lb
>
to enter into Recognizances may be entirely frustrated and encouraagement may be hereby
<
lb
>
</
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>
given to the wicked and infamous Practice of taking money to compound Felonies and Capital
<
lb
>
</
lb
>
Offences because by this means it may be done with Impunity.
</
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<
p
n
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<
note
type
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"authorial"
place
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"margin"
>
3.
</
note
>
Supposing the party accused to be innocent and expecting or perhaps knowing the Bill
<
lb
>
</
lb
>
is found has got his Witnesses ready to prove his Innocency if his Trial should be put
<
lb
>
</
lb
>
off because the Bill was not sent down by the time prescribed by this Rule it may be
<
lb
>
</
lb
>
difficult for him to get his Witnesses mother Sessions if then living and though he be
<
lb
>
</
lb
>
delivered by Proclamation for want of Prosecution at the General Goal Delivery yet a
<
lb
>
</
lb
>
malicious Prosecutor may on the Bill being found at
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Hicks's Hall
</
rs
>
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</
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</
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though not received at
<
lb
>
</
lb
>
the
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Old Baily
</
rs
>
<
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inst
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"LMSMGO55602_geo2163"
type
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"Old Baily"
>
</
interp
>
<
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</
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>
compell the
<
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Clerk of the peace
</
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>
<
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>
</
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to grant a Certificate soon after such Session
<
lb
>
</
lb
>
that such Indictment was found on which Certificate one of your Lordships or one of the
<
lb
>
</
lb
>
Justices of either Bench as well as a
<
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type
=
"occupation"
id
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>
Justice of the peace
</
rs
>
<
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inst
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on Application for that
</
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</
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