January 1779
certain Certificates under the hands of one of the Judges or Commissioner
appointed for delivering the Goal of Newgate of the Acquittal and discharge
of great numbers of prisoners at the delivery of the Goal of Newgate charged
with the perpetration of Offences in the County of Middlesex
and claims of
him the fee of 13s/4d for each prisoner so discharged by virtue of the said Act
making in the whole a demand of many Hundred Pounds
The Sessions of General Goal Delivery of Newgate
being a Court of Criminal Jurisdiction are holden for the County of
Middlesex
at Justice Hall
in the Old Bailey in the Suburbs of the City of
London
under a 'Special Commission directed to the Lord Mayor of London
some of the Judges of the one Bench or the other or the Barons of the
Exchequer and others The Grand Jury however before whom all Bills of
Indictment for the Trial of those Committed to Newgate
for offences perpetrated
in the County must be preferred are the Grand Jury of the Sessions of the
peace for the said County Convened under the precept issued for holding those
last mentioned Sessions sit at Hicks Hall
within the said County and
have no communication with the Session of Goal Delivery of Newgate
such Bills of Indictment as are found by them for Grand Larceny or
other Capital Offence as well as those as are returned ignoramus for the
like offences are sent from the Sessions of the peace to the Session of Goal
Delivery at the Old Bailey
and the Sessions of the peace are Generally
holden at the same time as those for the delivery of the Goal of Newgate
Those prisoners charged with the commission of offences within the
County tried at the Old Bailey
are tried before a Jury Summoned from
within the County
Your Opinion is therefore desired upon the following
Queries Vizt.
First whether as the Goal of Newgate
is situate within the City of
London
and wholly under the management of the Corporation
of that City and the keeper appointed and paid by them and
under their Control and the prisoners therein as well for the City as
the County Supported and kept at their Expence and as the Court
holding Criminal Jurisdiction by whom these prisoners are tried
and discharged is holden in the City of London
which City does
not pay to the Rates of the County of Middlesex
but has a
district Stock of its own the County of Middlesex
so circumstanced
comes within the meaning of this Act
I am of Opinion that the County of Middlesex
notwithstanding the peculiar
Circumstances and Objections Stated is within this Act of parliament
Secondly