¶1Pleas rejected by the Court are not a part of the record, unless made so by bill of exceptions, or the express order of the Court: And when that is omitted, it is to be presumed that the defendant has waived his pleas. White v. Toncray, 9 Leigh 347.
¶2A prisoner is to be examined at the first term of the Court after commitment, but the examination may be continued by the Court until the third term. Act of *6751848, § 2, p. 138. By the same act, §. 8, p. 139, a prisoner may be indicted for the same offence within twelve months after being discharged by the Court of examination.
¶3The writ of error is therefore refused.