The Queen against Tracy
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1794 |
| Date | 01 January 1794 |
| Court | High Court |
English Reports Citation: 87 E.R. 795
IN THE COURT OF KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
See S. C. sub nom. Muriel v. Tracy, 6 Mod. 169.
MICHAELMAS TERM, 2 QUEEN ANNE. IN B. R. 797 case 38. wiat, Qui Tarn against ayland. In what case a mistake in the memorandum may be amended.- S. C. 1 Salk. 324. S. C. Holt, 209. It was a declaration of Michaelmas term generally, which primA facie is to be intended to be of the first day of the term, and the fact was laid to be on the fifteenth of November after, so the action brought, of their own shewing, before cause. Per Curium. If upon examination it appear, that the declaration was after the fifteenth, it shall be set right; as if the bail was filed after the fifteenth, or the bill of Middlesex taken out. And so it was referred to the Master to examine. They all agreed it could not be amended by any Statute of Jeofail; but if bail were filed after the fifteenth of November, that would be a good warrant for a memorandum of the day that the declaration was of, for none is in custodia mareschalli till bail filed. Note, At last the parties agreed to waive execution, and go to trial again.
English Reports Citation: 87 E.R. 872
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
case 155. the queen against tracy. After an indictment, &c. how defendant's plea may be received.-S. C. ante, 30. S. C.post, 178. S. C. 3 Salk. 192. S. C. Holt, 706. Per Curiam. After an indictment by the grand jury, a plea is not to be received in the office (a), without the defendant gives security to try it at his own charges. But if the defendant come into Court, and plead, his plea shall be received, but he shall be committed if he do not give security to try it. If the defendant give security to try it, it must be at his own charge; if he go to gaol, it must be at the prosecutor's charge.
English Reports Citation: 87 E.R. 933
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
See. S. C. sub nom. Muriel v. Tracy, 6 Mod. 169.
case 258. the queen against tracy. [See S. C. sub nom. Muriel v. Tracy, 6 Mod. 169.] If an indictment for a conspiracy against several, charge the acts of some of the defendants in the parish of St. Giles in Middlesex, and of the others in the parish of St. Margaret's in the same county, and a venue be awarded to St. Giles's only, it will be a mistrial, for the jury ought to come...
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