(1) A person committed for a trial for a crime may, at any time during the first week of the term, or the first day of the sessions of oyer and terminer and general gaol delivery held after his committal, make application in open court to be brought to trial.(2) If such person is not indicted within such term or sessions as aforesaid he may, upon the last day of such term or sessions, make application in open court for bail, which the court shall grant, unless it appears upon oath to the court that the witnesses for the Crown could not be produced at the same term or sessions as aforesaid.(3) If any such person as aforesaid is not indicted during the sessions next after such sessions as aforesaid, he shall, upon his prayer or petition in open court, the first week of the term or the first day of the sessions thereafter, be discharged.