IVIndictments for Misdemeanor not to be removed by Certiorari, except on Affidavit that a fair Trial cannot be had.
And whereas, by reason of the Establishment of a Court of Criminal Appeal, the Removal of Indictments by Writ of Certiorari is seldom necessary for the Decision of Questions of Law, but is nevertheless sometimes resorted to for Purposes of Expense and Delay: Be it enacted, That no Indictment, except Indictments against Bodies Corporate not authorized to appear by Attorney in the Court in which the Indictment is preferred, shall be removed into the Court of Queen's Bench, or into the Central Criminal Court, by Writ of Certiorari, either at the Instance of the Prosecutor or of the Defendant (other than the Attorney General acting on behalf of the Crown), unless it be made to appear to the Court from which the Writ is to issue, by the Party applying for the .same, that a fair and impartial Trial of the Case cannot be had in the Court below, or that some Question of Law of more than usual Difficulty and Importance is likely to arise upon the Trial, or that a View of the Premises in respect whereof any Indictment is preferred, or a Special Jury, may be required for the satisfactory Trial of the same.