Page:Prerogatives of the Crown.djvu/391

Ch. XIII. Sec. IIL] Traverse.~Resist'mg Extents. 37 1 If the defendant live at a distance, or 40 miles from town, 10 days' notice of trial is proper: otherwise 6 days (a). IF the Crown will not proceed to trial, the defendant after waiting has no other remedy (i) than by application to the equitable jurisdiction of the Court (c) ; and the Court will give judgment for the defendant or claimant if the Crown will not on application proceed in a reasonable time [d). On extraor- dinary occasions of delay the Court will order the Crown officers to shew cause why the effects should not be returned to the party [e). But though there is in strictness no positive mode of compelling the Crown to proceed to trial, it appears to be the better opinion that after a distringas and jury returned upon it, the Attorney-General cannot stay the trial {f). Notice of trial having been duly given, the Crown enters the record, and the cause is called on as usual [g). The Crown has the privilege of trying its causes at nisi prills, or in bank. Trial at nisi jprius shall not be granted, unless the Attorney-General consent {h) : and it shall be there and not in bank if he require it, even upon an indictment removed by certiorari [i). Where there are distinct issues by different defendants in fact and in law, the Crown may try which it chooses before the other {h). Whether or not the traverser may be noasuited has been doubted {I). On demurrer being found against him it is pe- remptory [m) though he still has his petition [n). The verdict is as in ordinary cases (o). It may be general or special. And, as in verdicts between subject and subject, a verdict in the case of the Crown may aid a case defectively stated. The postea being returned a four day (^) rule for judgment (a) West, «16. 2 Manning, 612. P.C. 411. c. 42. s. 2. (h) Ibid. (i) Cro. Car. 348. (c) As in the event of the Crown de- (A) 1 Str. 266. laying to reply, ante, 368, 9. {I) See ante, 354. 2 Manning, 613. (rf) Parker, 51. Staundf. Prerog. &5, b. (e) 3 Anstr. 753. (yn) Ibid. (/) 4 Leon. 32. cited Com. Dig. Pre- («) 2 Manning, 581, 613, 14. rog. p. 85. 5 Bac. Ab. 571 j Prerog. (o) See as to demurrers to evidence E. 7. by the Crown. Ibid. 613. Plow(J. 4, 8. (g) 2 Manning, 613, (;>) 2 Manning, 615. (A) Savil. 2. 2 Inst. 424. 2 Hawk. B B 2 is