January Session 1749

Representation of the
Justices of the peace of
Middx to the Judges agt.
an order made by the
Court of Goal Delivery
at the Old Baily

To the right Honble St. William Lee< no role > Knight Lord Chief Justice of the Court of the
Bench To the right Honble Sr. John Willes< no role > Knt. Lord Chief Justice of the Const of Comon
pleas Sr. Tho. Parker< no role > Knt. Lord Chief Baron of the Court of Exchequer and to the rest of the
Justices and Barons of the said Courts

The Memorial and Representation of his Majestys Justices of the peace for the
County of Middx in General Quarter Sessions assembled on the Eighteenth day of
January 1749

That by a rule or order made same years past and still in force at a sessions of general
goal delivery holden for the County of Middx of Justice Hall in the Old Baily no Bill of [..]
Indictment [..] quarter Sessions [..] Hicks. Hall [..]
thenceto the said Court at the Old Baily is to be received there if not sent down by or before [..]
of the Clock of the Second day of the Sitting of the said Court And that such rule might as much as
possible be Observed and Complyed with we have from time to time recommended it to the
Justices of the peace to inform the prosecutors of this rule on every Comitment they shall
make to appear and Prosecute at the begining of the Sessions and also directed the Ground Jury
as soon as they are sworn to proceed on the Felony Bills first But as the Observance of
this rule is attended with many Inconveniencies to the publick and this method taken
by us has not and we find will not avail to remove them we have thought proper to lay the
same before your Lordships and to submit to your Lordships whetherthe saidsuch rule ought not be set aside or atleast
varied we shall not presume to examine into the legallity of this rule Bulbeg leave to
enumerate to your Lordships several inconvenienecs attending the observance it a [..]
that publick Justice may be in same measure Obstructed by it

1st:

That if Bills found at the Sessions here are sent down to the Court at the Old Baily and
not there received the party is discharged though the Bills is found and the Criminal to
beat full liberty to go where he pleases.

2d.

The observance of this rule gives room to make up Felonies For if on the prosecutors
Evidence given to the grand Jury the Bill is found and the Court at the old Baily will not
receive the Bill nor try the accused But set him at large the prosecutor hath fulfilled
his Recognizance and next Sessions he may not be inclined to see after the Criminal or if
the prosecutor before the Sessions be disposed to make it up he will not come before the
grand Jury till Thursday Evening or Friday morning when he knows the Court the Old
Baily will not receive the Bill when found and though he is consenting to the Cri [..]
discharge yet he will have fulfilled his recognizance By which means the Law to [..]
the prosecutors to enter into recognizance may be entirely frustrated and on [..]
may be hereby given to the wicked and in famous practice of taking mony to com [..]
felonies and Capital offences Because by this inconsit may be done with Impn [..]

3d.

Supposing the party accused to be innocent and expecting or perhaps knowing the [..]
found has got his witnesses ready to prove his Innocency If his Trial shod be Pus [..]
the Bill was not sent down by the time Prescribed by this rule it may be different [..]
get his witnesses another Sessions if then living and though he be delivered
for want of prosecution at the general goal delivery get a Malicious pro [..]
the Bill being found at Hicks's Hall though not received at the old [..]
clerk of the peace to grant certificate soon after such Sessions that [..]
found on which Certificate one of your Lord ships or one of [..]
as well as Justice of the peace on application for the Purpose [..]