| Chap. 167. |
Bailment.
Warrant tot he Church-wardens, &c. for the levying of the Forfeitures,
and if the said Offenders shall not have whereby they may be distrained
for the same Forfeitures, the said two Justices of Peace may commit the
Offenders to the common Gaol, there to remain without Bail, until payment
shall be made of the Sums so forfeited, &c. hi antea Cloth. |
427 |
|
Deer. Persons committed to prison for
committing any Offence prohibited
by the Stat. 5 Eliz. cap. 21. concerning unlawful hunting or killing
of Deer, shall remain there three months and farther, until they
shall find sufficient Sureties for their good Behaviour for seven years,
&c.
See hic antea. |
|
|
Diers using Logwood, and being thereof
convicted, they shall remain
in Prison without Bail, until they have satisfied the Forfeiture, 23 Eliz.
cap. 9. P. Dying 1. & 39 El. cap. 11. |
|
|
Also such Offence (ofusing Logwood) being found
by the Examination
of any Justice of Peace, if the Offender shall refuse to be bound (by the
Justice of Peace) to appear at the next Gaol-delivery or Quarter-Sessions,
&c. then the said Justice of Peace may commit such Offender to the
Gaol,
there to remain until such Offender shall be bound accordingly. See
antea tit. Dying, 39 El. cap. 11. |
|
West. 1.
15.
5 El. 23.
See 23 H.
f. c. 10. |
Excommunicated persons, taken by a Writ de Excommunicato
capiendo,
or yielding their Bodies to the Sheriff or other Officer, upon any
Writ
of Capias awarded, and Proclamation thereupon made, according to
the
Stat. of 5 El. cap. 23. provided for the due execution of the said
Writ de
Excom. capiendo, such persons shall not be bailed. |
Where Bail
is taken
away. |
|
Execution. Such persons as are in Execution
upon any Statute or Recognizance,
or upon Judgment given in the Kings Court at the Suit of
any person, they shall not be bailed until they have agreed with the Plaintiff,
1 R. 2. c. 12. 23 H. 6. c. 10. Fitz.
Na. Br. fol. 93. c. & 121. a. And yet then
the Justices of Peace are not to bail them. |
|
|
Feasants. See Partridges. |
|
|
Felons taken for the death of a Man are not bailable;
and yet if it be
not Murther, and their Offence not apparent, it seemeth they may be
bailed. See hic antea. |
|
|
2. Felons taken with the manner are not bailable,
West. 1. c. 15. |
|
|
3. Nor if it be apparently known that they
did the felony, Ibid. |
|
|
4. Nor if they confess their felony upon their
Examination before the
Justices of Peace, Cromp. 152. b. |
|
|
5. Nor if it be a Thief openly known, West.
1. 15. |
|
|
6. Nor if he be of evil Fame by credible report,
Br. Mainp. 75. |
|
|
Yet in these former cases of felony, if the Theft
be not twelve pence,
or above the value of twelve pence, the Justice of Peace may bail the
Prisoner, it being no felony of Death. |
|
|
7. Nor is he which is convict or attaint of
felony bailable. See before
sub hoc tit. |
|
5 El. c. 21.
P. Fish. 7. |
' Accessaries in felony shall not be bailed, after
that the principal (or
' any one principal) is attainted. But before the principal is attainted
' the Accessary is bailable by the Common Law, Stamf. 71. |
|
|
Fish. Destroyers of Ponds, Pools or
Moats, wherein any Fish are; or
unlawfully to fish in any several Pond, Pool or Moat, to the intent to
take, kill or destroy any Fish there; every such Offender, being thereof
lawfully convicted, shall have three months Imprisonment, and then
shall find sufficient Sureties for the Good Behaviour for seven years after,
or else shall remain in prison without any Bail, until they have found
Sureties accordingly. |
|
