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Dalton's The Country Justice, 1690
Volume 153, Page 430   View pdf image (33K)
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430
Bailment.

lawfully convicted, every such Offender shall suffer three months imprisonment,
and find sufficient Sureties for his Good behaviour for the space
of 7 years after, or else continue still in prison without Bail, until
he shall find Sureties accordingly.  5 El. c. 21.  P. Forest 9. &
7 Jac. 13.

Chap. 167.
    The Statute of Westm. 1. 20. provideth, That Trespassers in Parks and
Ponds, being thereof attainted, shall yield to the party wronged great
damages, and shall have three years imprisonment, making Fine at the
Kings pleasure; and at the end of three years find good Sureties not to
commit the like Trespass afterwards, or for want of such Sureties shall
abjure the Realm, or be Outlawed.  See Fit. 67. d. & Dyer 238. H. 5. f. 1.
Fit. Judgment 62.
    But note, That this Statute de malefactoribus in Parcis extendeth only
to hunting or killing of beasts there, and not to other.  Trespass 24 E. 3. f.
11.  Fitz. Judgment 144.  And if a Man hunts there, or shall but come
into a Park for that Purpose, yet he shall be punished according to this
Statute.  Fitz. Judgment 62.
    The Statute of 19 H. 7. 11. ordaineth, That if any person having no
Park, &c. of his own, shall keep any Deer-hays or Buck stalls; or if any
person shall stalk at any Deer without Licence, the Offenders being
thereof convicted, shall be committed to prison, till they have found
Surety for the payment of the Forfeiture of the Statute.
    King.  Speakers of False News, which may cause discord between the
King and his People, &c.
    And speakers of False News or Lies of any of the Peers or great Officers
of the Realm.
    The Offenders in either of the former cases shall be imprisoned until
they have brought him into the Court who was first Author of the Tale,
3 E. 1. c. 33.  2 R. 2. c. 5.  P. News 1.  See Dyer 155. & 285. and the Statutes
of 1 & 2 P. & M. c. 3.  1 El. c. 6. & 23 El. c. 2.
    3.  No person committed by the special commandment of the King, or
by the commandment of any of his Privy Council, shall be bailed.  See
antea sub hoc tit.
    4.  No person committed by the special commandment of any of the
Kings Justices shall be bailed.  P. Mainp. 1 & 23 H. 6. c. 10.  See Ibid.
    5.  So in all cases where a Statute ordaineth, That an Offender shall be
imprisoned at the Kings will or pleasure, there the Prisoner cannot be
bailed or delivered, until the King hath signified his pleasure of him (as
if one be imprisoned for going or riding armed, contrary to the Statute
of Northampton, made An. 2 E. 3. c. 3.  Br. Contempt. 6.
Stamf. 77.
b.
Br. Mainp.
40.
    And in such cases the prisoner is to redeem his Liberty with some portion
of Mony, as he can best agree with the King or his Justice for the
same:  and the Justices before whom such an Offender shall be convict,
may assess such Fine or Ransom according to their discretions, and upon
payment thereof may bail the prisoner; for the King therein signifieth
his pleasure by the mouths of his Justices.  See the first Title of Forcible
Entry.
Lam. 556.
    Inn-keepers or Inn-holders:  See hic antea tit.  Ale-house-keeper, and
Hostler.
Where Bail
is taken

away.
    Labourers and Artificers, departing from their Work before it is finished,
shall have one months Imprisonment without Bail.  5 Eliz. c. 4.
P. Labour 10.
5 El. 4.
    2.  Servants departing before their Term be ended, (unless it be for
some cause to be allowed by some Justice of Peace.)


 
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Dalton's The Country Justice, 1690
Volume 153, Page 430   View pdf image (33K)
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