Chap. 167.
Finch. |
Bailment.
3. A Approver must accuse the other of such
an Offence as he himself
did together with the other. Stamf. 143. |
425 |
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Again the Stat. of 23 H. 6. c. 10.
taketh away Bail from all such as be
in prison by Condemnation, Execution, Capias Utlaginum, Excommunication,
Surety for the Peace, or by the special Commandment of any Justice,
prohibiting that such be not bailed either by the Sheriff or other
Officer or Minister. |
Execution. |
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There be divers other Statutes which do not take
away Bail from teh Offenders
thereof, and that not only upon their solemn Conviction after
publick Hearing, Trial and Judgment; but also upon the Record of one
or two Justices of Peace, or by private Examination and Confession of
the Offender, or proof of Witnesses, or such other private Trial had before
the Justices of peace out of their Sessions, most of which I have here
set down, leaving the rest to the Readers better search.
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When Bailment is taken away by Statute. CHAP.
CLXVII. V. 115.
NO person being imprisoned or taken for any of the
offences or causes
hereunder mentioned, shall be bailed or let to Mainprise, otherwise
that an hereafter followeth, &c. |
Where Bail
is taken
away. |
13 E. 1. c.
11. |
Such as have abjured the Realm shall not be bailed.
West. 1. c. 15. |
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Accomptants found in arrerages before Auditors shall
be imprisoned
(without Bail) until they have satisfied their Master all arrerages. |
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Ale-house-keepers without Licence shall be committed
to prison for
three days without Bail; and before his delivery shall enter into Recognizance
with two Sureties, that he shall not keep any Common-Ale-House,
&c. Vide antea, tit. Ale-houses. |
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Ale-house-keeper prohibited by two Justices of peace,
and notwithstanding
continuing his selling, &c. he shall be committed for three days
as foresaid. Ibid. |
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See antea
tit. Ale-houses. |
Ale-house-keepers without Licence, for their second
Offence, shall be
committed to the House of Correction for one month: and for every
such their Offence after shall be committed to the House of Correction,
there to remain till they be delivered by Order from the General Sessions.
Ibid. |
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Ale-house-keepers, Inn-keepers, and Victuallers,
which shall suffer
Townsmen to continue drinking in their houses contrary to the Statute of
1 Jac. c. 9. |
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Or which shall sell less than one full Ale-quart
of their best Beer or Ale
for 1 d. and of the small two quarts for 1 d. |
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Such Offenders, not having sufficient whereby to
be distrained for the
Forfeiture, shall be committed to prison until they have paid the penalty. |
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Aliens conveying Bows and Arrows into any parts
beyond the Seas,
without Licence, shall be committed until they have made Fine (by the
discretion of the Justices of peace in their Sessions) and give Surety
for the
payment thereof, 33 H. 8. c. 9. P. Arch. 6. |
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Appellers or Approvers shall not be bailed.
West. 1. c. 15. |
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Nor he which is appelled by an Approver. Ibid. |
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Armour. Persons going or riding armed,
contrary to the Statute of
Northampton, and being thereof convict, shall be imprisoned until
they
have prayed such Fine as shall be therefore imposed upon them. See
postea sub hoc. tit. |
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