| Chap. 166.
1 & 2 P. &
M. cap. 13.
P. Just. 107. |
Bailment.
No person arrested for Man-slaughter, or Felony,
or suspicion thereof,
(being bailable by the Law) shall be let to bail or Mainprise by any Justice
of Peace but in open Sessions, or by two Justices of Peace at the
least, whereof one to be of the Quorum, and the same Justices to
be present
together at the time of the said Bailment. |
419
§. 6.
The manner.
|
| Ibid. |
And this Bailment the said Justices shall certifie
in writing (subscribed
with their hands) at the next Gaol Delivery, &c. Vide ante
tit. Examination
of Felons. |
|
| Ibid. |
Also before the Bailment of such Prisoner, the same
Justices, or one
of them, shall take the Examination of the prisoner, and information of
them that bring him, or of the Fact and Circumstances thereof; and so
much thereof as shall be material to prove the Felony shall be put in writing,
before they make the Bailment: which Examination, Information
and Bailment, they shall certifie at the next general Gaol delivery, ut
supra. |
|
|
But if any Justice of peace hath taken the Examination
of the Felon,
and Information against him, and after hath sent him to Gaol; now
upon Bailment of him by other Justices, they need not take any new
Examination of the prisoner or Information against him, but under
their Recognizance (or together therewith) to certifie by what Justice
of peace the Felon was committed, to the end that at his hands those
Examinations and Informations may be required, if he have not certified
them. |
|
Cromp.
156. |
By the Opinion of Mr. Cromp. prisoner
(taken for felony) before his
Commitment, ought to be examined and bailed by two Justices of peace
being together, (as before:) but after that the prisoner is examined
and
once committed, then he may be bailed by any one Justice of peace.
Quære thereof. |
|
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The Justices of peace which shall send any prisoner
to the Gaol, ought
to shew in their Mittimus the cause of the Commitment, to the end
it
may appear whether such prisoner be bailable or no. |
§. 7.
Mittimus,
the form. |
Cromp.
153.
See pag.
seq. |
And if the Justices of peace shall commit one to
the Gaol, with these
words in the Mittimus, sc. without Bail or Mainprise, (shewing a
certain
cause in their Mittimus,) yet if such prisoner be bailable by Law,
other
Justices of peace may bail him: (yet quære, seeing their
Authority
is equal:) but if the prisoner were committed without Bail or Mainprise,
and without shewing cause in the Mittimus, then other Justices of
peace cannot (or at least shall not do well to) bail him, without making
the other Justices, who committed him, privy thereto; for he
might be committed for such cause as that he is not bailable, (as for Treason,
&c.) |
|
|
I have seen a Report of a Case, Term. Trin. 37
El. That upon an Assembly
of all the Judges and Barons at Serjeants Inn, It was resolved and
agreed by them to be put in ure in their Circuits, That if a Justice of
peace should commit a man to the Gaol for felony, for which by the
Law he is not bailable, but by his Mittimus he commits him generally,
not shewing any cause, if any other Justices of peace shall bail him, not
knowing of the matter, &c. they shall be fined for the same; for they
at
their perils ought to inform themselves of the truth of the matter before
they bail him. |
|
14 H. 7. 10.
a. |
Note where a man is bailable, yet when he cometh
before the Justices
he must offer Surety to the Justices, otherwise they may commit him to
prison. Br. Peace 7. |
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