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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 495   View pdf image (33K)
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2 & 3 P. & M. CAP. 10, BAIL AND DEPOSITIONS. 495
Law, 91; see Evans v. Rees, 12 A. & E. 55. In Ex-parte Williams, 13
Price, 693, the Court refused to relieve an infant of sixteen years of age,
who had entered into a recognizance to prosecute on a criminal charge.
And in 1 Harrison's Dig. 2163, it is said to be the practice in some counties,
where a child is a witness and has no one to enter into a recognizance for
his appearance, for the constable or police officer to enter into the recog-
nizance and to take the child to the assizes, he being allowed all expenses,
&c., and* in a case where the child was taken away and the constable 374
could not bring her to the assizes, the judge respited the constable's recog-
nizance that he might bring the child to the next assizes. In a note to this
Statute, Sir W. D. Evans has some strong observations on the subject,
and he mentions having read an account of Lord Kenyon expressing a
decided opinion of the illegality of the practice of committing a feme covert
or infa. t under such circumstances. It has been held, too, that a magis-
trate ha- no right to issue a warrant in the first instance for the appre-
hension .I? a person to attend to find bail for his appearance at Court as
a witness although he be a material witness, and has refused to obey a
summons raviously issued to give evidence before the justice, Evans v.
Rees sup) .
STATUTES
Made at WESTMINSTER, Anno secundo & tertio PHILLIPS and
MARINE and A. D. 1555.
CAP. X.
An Act to take Examination of Prisoners suspected of any Man-
slaughter or Felony.
Where in the last Parliament holden at Westminster.
amongst other Things it was enacted, That such Justices of
the Peace as have Authority to Bail any Prisoner brought
before them for any Manslaughter or Felony, before any Bail-
ment or Main prise, should take the Examination of the said
Prisoner, and Information of them that bring him, of the Fact
and Circumstances thereof, and the same, or as much thereof as
shall be material to prove the Felony, shall put in Wanting
before they make the same Bailment; (2) which said Exam-
ination, together with the said Bailment, the Justices shall cer-
tify at the next General Gaol-delivery to be holden within the

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 495   View pdf image (33K)
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