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PLEADING IN MISDEMEANOUR ACT 1819
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CHAPTER IV.
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An Act to prevent Delay in the Administration of Justice in Cases of Misdemeanor. [23d December 1819.]
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[Preamble.]
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Persons prosecuted in the Court of King’s Bench at Westminster or Dublin for misdemeanors shall not be permitted to imparle, but must plead or demur; and in default thereof judgment may be entered.
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[1.] Where any person shall be prosecuted in his Majesty’s Court of King’s Bench at Westminster, or in his Majesty’s Court of King’s Bench in Dublin respectively, for any misdemeanor, either by information or by indictment there found or removed into the same respective courts, and shall appear in term time in either of the said courts respectively in person, to answer to such indictment or information, such defendant upon being charged therewith shall not be permitted to imparle to a following term but shall be required to plead or demur thereto within four days from the time of his or her appearance; and in default of his or her pleading or demurring within four days as aforesaid, judgment may be entered against the defendant for want of a plea; and in case such defendant shall appear to such indictment or information by his or her clerk or attorney in court, it shall not be lawful for such defendant to imparle to a following term, but a rule requiring such defendant to plead may forthwith be given, and a plea or demurrer to such indictment or information enforced, or judgment by default entered thereupon, in the same manner as might have been done before the passing of this Act in cases where the defendant had appeared to such indictment or information by his or her clerk in court or attorney in a previous term.
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Court may allow further time to plead.
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2. Provided always, that it shall be lawful for the said respective courts, or for any judge of the same respectively, upon sufficient cause shewn for that purpose, to allow further time for such defendant to plead or demur to such indictment or information.
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[S. 3 (providing that persons committed to custody or held to bail for misdemeanors twenty days before sessions shall plead to indictment, &c., unless a writ of certiorari be delivered before the jury is sworn), rep. 14 & 15 Vict. c. 100. s. 26.]
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Writ of certiorari may be issued before indictment is found.
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4. Such writ of certiorari may be applied for and issued before such indictment has been found, in the like cases, in the same manner, and upon the same terms and conditions, as if such writ of certiorari had been applied for after such indictment had been found.
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[Ss. 5–7 rep. 36 & 37 Vict. c. 91. (S.L.R.)]
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In prosecutions for misdemeanors by the attorney or solicitor general, a copy of the information or indictment shall be delivered to the party.
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8. In all cases of prosecutions for misdemeanors instituted by his Majesty’s attorney or solicitor general in any of the courts aforesaid, the court shall, if required, make order that a copy of the information or indictment shall be delivered, after appearance, to the party prosecuted, or his clerk in court or attorney, upon application made for the same, free from all expence to the party so applying; provided that such party, or his clerk in court or attorney, shall not have previously received a copy thereof.
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In case such prosecution is not brought to trial within twelve calendar months, the court may authorize the defendant to bring on the trial.
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9. Provided also, that in case any prosecution for a misdemeanor instituted by his Majesty’s attorney or solicitor general in any of the courts aforesaid shall not be brought to trial within twelve calendar months next after the plea of not guilty shall have been pleaded therein, it shall be lawful for the court in which such prosecution shall be depending, upon application to be made on the behalf of any defendant in such prosecution, of which application twenty days previous notice shall have been given to his Majesty’s attorney or solicitor general, to make an order, if the said court shall see just cause so to do, authorizing such defendant to bring on the trial in such prosecution; and it shall thereupon be lawful for such defendant to bring on such trial accordingly, unless a nolle prosequi shall have been entered in such prosecution.
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Saving as to informations of quo warranto, &c.
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10. Nothing in this Act contained shall extend or be construed to extend to any prosecution by information in nature of a quo warranto, or for the non-repair of any bridge or highway.
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