the apprehension of the delinquent may issue; and
if he cannot still be found, he may be pursued to
outlawry. It may be here mentioned, that the
proceedings may be, at any period, removed from any
inferior court into the Queen’s Bench, by what
is called a writ of certiorari. When the
offender appears voluntarily to an indictment, or was
before in custody, or is brought in upon criminal
process to answer it in the proper court, he is to
be immediately arraigned. The arraignment is
simply the calling upon the accused, at the bar of
the court, to answer the matter charged upon him in
the indictment, the substantial parts, at least, of
which are then read over to him. This is indispensable,
in order that he may fully understand the charge.
So voluminous are the counts of the indictment recently
found against Mr O’Connell and others, that
the reading of the charges they contained was the
work of many hours. The accused is not always
compelled immediately to answer the indictment; for
if he appear in term-time to an indictment for a misdemeanour
in the Queen’s Bench, it is sufficient if he
plead or demur within four days; the court has a discretionary
power to enlarge the time; but if he neither pleads
nor demurs within the time prescribed, judgment may
be entered against him as for want of a plea.
It he appear to such an indictment, having been committed
or held to bail within twenty days before the assizes
or sessions at which he is called upon to answer,
he has the option of traversing, as it is termed,
or of postponing his trial to the next assizes or
sessions. He is also always entitled, before the
trial, on payment of a trifling charge, to have copies
of the examinations of the witnesses on whose evidence
he was committed or held to bail; and at the trial
he has a right to inspect the originals gratuitously.
In prosecutions for misdemeanours at the suit of the
Attorney-General, a copy of indictment must be delivered,
free of expense, if demanded by the accused.
These seem to be all the privileges except that of
challenge, which we shall explain hereafter, which
the accused possesses, or to which the law gives him
an absolute indefeasible claim as a matter of right.
The practice of different courts may possibly
vary in some degree on points such as those which have
been recently mooted in Ireland; for instance, as
to whether the names of the witnesses should be furnished
to the accused, and whether their address and description
should also be supplied. In such matters the
practice might vary, in a considerable degree, in the
superior courts of England and Ireland; and yet each
course would be strictly legal, in the respective
courts in which it was adopted; for, as it was clearly
put by one of the Irish judges on a recent occasion,
the practice of the court is the law of the court,
and the law of the court is the law of the land.