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Persons committed for high treason or felony, on prayer 1st week in term, or 1st day of sessions to be brought to trial and shall not be indicted tho next term, &c. after such commitment, judges of the King's Bench, &c. may on motion last day of such term, &c. set said prisoner at liberty unless oath that witness for crown could not be produced 1st term, &c. and with prisoner, who on prayer 1st week in term, or 1st day of sessions to be tried, shall not be tried the; 2d term, &c. after commitment, or shall be acquitted shall be discharged from his imprisonment.
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VI. Provided always, and be it further enacted by the authority aforesaid, That if any person or persons shall be committed for high treason or felony plainly and specially expressed in the warrant of commitment, and upon his prayer or petition in open court the first week of the term, or first day of the sessions of oyer and terminer or general gaol-delivery, to be brought to his trial, shall not be indicted some time in the next term, sessions of oyer and terminer, or general gaol-delivery after such commitment, it shall and may be lawful to and for the judges of the court of King's Bench, and justices of oyer and terminer or general gaol-delivery, and they are hereby required upon motion to them made in open court the last day of the term, sessions, or gaol-delivery, either by the prisoner, or any one in his behalf, to set at liberty the prisoner upon bail, unless it appears to the judges and justices upon oath made, that the witnesses for the King could not be produced the same term, sessions or general gaol-delivery, and if any person or persons committed as aforesaid, upon his prayer or petition in open court, the first week of the term, or the first day of the sessions of oyer and terminer and general gaol-delivery, to be brought to his trial, shall not be indicted and tried the second term, sessions of oyer and terminer, or general gaol-delivery after his commitment, or upon his trial shall be acquitted, he shall be discharged from his imprisonment.
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