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STATUTES FOUND APPLICABLE,
that " the said sheriffs and all other officers, and ministers aforesaid,
shall let out of prison all manner
of persons by them or any of them arrested, or being in their custody,
&c. upon reasonable sureties
of sufficient persons, &c." is the one under which bail bonds were
taken in England; that being
(as stated in 3 Bl. Com. 290,) the manner in which the reasonable sureties
for keeping their day, expressed
in the statute, were given. Bail bonds have been in use in civil
cases in the province, and
continue to be so, although the manner of taking bail out of court, and
returning the recognisances
or bail pieces, has in some counties superseded the practice of taking
such bonds; bail bonds were
made assignable to the plaintiff by 4 Anne, Ch. 1, S. 20, which has been,
and still remains in use.
By the act of October 1780, Ch. 10, the sheriffs were
directed to take bail bonds to the state, from
persons taken on criminal writs for offences less than felony; which, according
to the expressions,
they might have done under this statute, although probably the practice
was otherwise. By the act
of 1715, Ch. 46, S. 3, sheriffs were not, in actions of trespass on the
case, to take a bail bond exceeding
800lb. of tobacco, where no declaration is sent with the writ. By
1791, Ch. 68, S. 16, constables
were directed to take bail bonds in cases of small debts. This statute
is mentioned in the letter
from S. Chase, which has been referred to.
1 Rich. 3.--A. D. 1483.
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CHAP. 3. Every justice of peace may let a prisoner
to mainprize.--No officer
shall seize the goods of a prisoner until he be attainted.
As to the first part, see 1 Bac. Abt. title Bail
in Criminal Cases, B; and 2 Hawkins 105.
3 Hen. 7.--A. D. 1486.
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CHAP. 1. The authority of the court of star chamber.--Where
one inquest shall
enquire of the concealment of another.--A coroner's
duty after a murder committed.
--A justice of peace shall certify his recognisances,
&c. (Part.)
The last part, as to the justices certifying their
recognisances, is considered to have been in force,
and as proper to be continued. See 4 Bl. Com. 250. Such recognisances
were directed to be returned
to the criminal court in Baltimore, by 1793, Ch. 57, S. 7.
CHAP. 3. Justices of peace may let prisoners to
bail.--The sheriff shall certify the
names of all his prisoners at the gaol delivery.
See 1 Bac. Abt. title Bail in Criminal Cases, B;
and see the statute 1 and 2 Philip and Mary, Ch.
13; and 1 Rich. 3, Ch. 3.
CHAP. 4. All deeds of gift to defraud creditors,
shall be void.
See the note on 50 Edw. 3, Ch. 6.
CHAP. 10. Costs, &c. awarded to the plaintiff
where the defendant sueth a writ
of error.
See the note on 6 Edw. 1, Ch. 1; and see 3 Bl. Com.
399; and 3 Com. Dig. 251. This statute is
mentioned in the letter from S. Chase, that has been referred to.
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