l;" in which case the bill is said to be ignored: but, on the other
hand, if twelve at least are satisfied of the truth of the accusation,
the words "true bill" are placed upon it. The bill is then said to be
found. It then becomes an indictment, and is brought into court by the
grand jury, and publicly delivered by the foreman to the clerk of
arraigns, or clerk of the peace, as the case may be, who states to the
court the substance of the indictment and of the indorsement upon it.
If the bill is ignored, and no other bill is preferred against the
party, he is discharged, without further answer, when the grand jury
have finished their labours, and have been themselves discharged. To
find a bill, twelve at least of the jury must agree; for no man, under
this form of proceeding at least, can be convicted even of a
misdemeanour, unless by the unanimous voice of twenty-four of his
equals; that is, by twelve at least of the grand jury assenting to the
accusation, and afterwards by the whole petit jury of twelve more
finding him guilty upon the trial.
This proceeding is wholly _ex parte_. As the informal statement of the
crime brought the supposed criminal to answer before the inferior
tribunal, so does the formal accusation call upon him to answer before
the superior court. The preliminary proceedings being now complete,
and every step having been taken which is necessary to put the accused
upon his trial, the _ex parte_ character of the proceedings is at an
end. The time approaches when the accused must again be brought face
to face with his accusers; and when, if he has been admitted to bail,
his sureties must deliver him up to the proper authorities, or their
bond is forfeited; in which case, a bench warrant for 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 ful
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