Where neither the husband of a feme covert, nor her next of kin, can be discovered, service of a rule nisi for bailing a prisoner on a charge of manslaughter, may be made on the coroner. Reg. v. Williams, 8 D. P. C. 301; 4 Jur. 654— B. C.

Where, after conviction by a jury at the assizes, questions of law have been reserved for the Court of Criminal Appeal, the prisoner will not be admitted to bail without the assent of the judge before whom he was tried. Reg. v. Harris, 4 Cox, C. C. 21-Erle.

After defendants have been admitted to bail on a criminal charge, the court will not, on affidavit of aggravating facts, increase the bail. Rex v. Salter, 2 Chit. 109.

Now it is an invariable rule to require four bail in cases of felony. Rex v. Shaw, 6 D. &. R. 154.

In the Country.] - Where the court thinks that a prisoner ought to be bailed for felony, if he is unable to defray the expense of being brought to Westminster for that purpose, they will grant a rule to shew cause why he should not be bailed by a magistrate in the country. Rex v. Jones, 1 B. & A. 209. The court will not allow a defendant who is out of custody, to be bailed before a magistrate in the country; he must surrender in court, in order to be bailed. Rex v. Wren, 5 D. P. C. 222.

In order to entitle a defendant on a charge of felony to be bailed before a magistrate in the country, it is not necessary to produce an affidavit of poverty, if it appears from the other affidavits in the case that

The court will grant a rule nisi for bailing in the country a party charged with a felony, without the production of an affidavit of his poverty. Reg. v. Gregory, 9 D. P. C. 129.

In order to a party being bailed in London for an offence committed in the country, the depositions should be removed by certiorari, and notice served on the committing magistrates and on the prosecution. Rex v. Braithwaite, 2 Lewin, C. C. 55-Littledale.

2. In Misdemeanors and other Cases. (11 & 12 Vict. c. 42, ss. 23, 24, 25.) By 16 & 17 Vict., " provisions are enacted for staying execution of "judgment for misdemeanors in giving bail in error."

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It is a clear principle of law, that a person charged with a misdemeanor is entitled to be bailed on producing sufficient sureties. Reg. v. Badger, 4 Q. B. 468; D. & M. 375; 7 Jur. 216; 12 L. J., M. C. 66.

A magistrate has no right to reject bail, on account of the character or political opinions of bail, if he is satisfied of their pecuniary sufficiency. Ib.

Where an indictment for conspiracy had been removed by certiorari, and the ordinary bail had been given, but after trial and the conviction of the defendant, and before judgment, a motion was made to quash the indictment for insufficiency, and pending such motion one of the bail became insolvent, and offered a composition to his creditors; the court refused to require the defendant to give fresh bail. Reg. v. Johnson, 1 D. & L. 132; 7 Jur. 1038-B. C.— Wightman.

A motion for fresh bail ought to be made at chambers, and not in court. Ib.

The power of a magistrate to accept or refuse bail in cases of misde

meanor is a judicial duty, and an action will not lie against him for refusing to take bail in such cases without proof of express malice, even though the sureties tendered are found by the jury to have been sufficient. Linford v. Fitzroy, 3 New Sess. Cas. 438; 13 Q. B. 240; 13 Jur. 303; 18 L. J., M. C. 108.

Where a certiorari had issued to bring up a conviction under 4 Geo. 4, c. 34, for the purpose of being quashed for defects on the face of of it, the court admitted the defendant, who was in prison under the conviction, to bail. Lord, Ex parte, 4 D. & L. 405; 1 B. C. Rep. 222; 16 L. J., M. C. 15—Patteson.

It is the duty of magistrates, in all cases, to commit an accomplice, and not to admit him to bail, notwithstanding it may be intended to call the accomplice as a witness on the trial. Rex v. Beardmore, 7 C. & P. 497-Patteson.

It is the duty of a magistrate to ascertain the sufficiency of the bail who tender themselves on behalf of an accused party, but he ought not to interfere in any way to dissuade them from becoming bound as bail. Reg. v. Saunders, 2 Cox, C. C. 249. A defendant, brought up for judgment after conviction, stands committed, unless the prosecutor consents to bail. Rex v. Waddington, 1 East, 159.

Where bills for misdemeanors are found under the commission of oyer and terminer at the Central Criminal Court, the defendant must give 48 hours' notice of bail, unless the application for process is made on a Friday, in any case in which there is reason to think that there is a desire to keep the party in custody over Sunday. Rex v. Carlile, 6 Č. & P. 628.

It is in the discretion of the judge to bail the prisoner or not, when his trial is postponed on account of the absence of the prosecutor. Anon. 2 Lewin, C. C. 260-Parke.

Where on error brought it was

held that an entry by an inferior jurisdiction did not amount to a judgment, but was merely an order, the court awarded a procedendo to the court below commanding them to proceed to give the proper judgment, but in the mean time alallowed the prisoner to be bailed. Rex v. Kenworthy, 3 D. & R. 173; 1 B. & C. 711.

The bail of one acquitted of perjury will be discharged, although the acquittal is not entered of record. Rex v. Spencer, 1 Wils. 315.

When the House of Lords voted the defendant guilty of a breach of privilege, and committed him to prison, the court refused to discharge him out of custody. Rex v. Flower, 8 T. R. 314.

A commitment by a justice of the peace for a time certain, as for fourteen days, under the vagrant act, is a commitment in execution, and the party is not entitled to be bailed. Rex v. Brooke, 2 T. R. 190.

In the Country.]-An attachment upon articles of the peace is bailable before justices of the county. Rex v. Bomaster, 1 W. Bl. 233.

A party indicted for a misdemeanor at York, may put in bail in London. Swaile's case, 1 Lewin, C. C. 19-Holroyd.

Recognizances.]-The word forthwith in a notice to a party charged criminally, and out on bail, to appear, on pain of forfeiting his recog nizance, means, "within a reasonable time from the service," and not from the date of the notice. Reg. v. Price, 8 Moore, P. C. C. 203.

Indemnification of Bail.]—On the removal into the Queen's Bench of an indictment for a conspiracy against the defendant, the plaintiff became one of his bail in 407., the condition of the recognizance being, that the defendant should plead, and at his own costs cause the in

A party who is bound over to prosecute at a superior court by a court of quarter sessions, is entitled to his expenses. Rex v. Paine, 7 C. & P. 135.

On a conviction of forgery, the trial taking place in the county of S., but the material acts appearing to have been done partly in the county of D., and partly in the borough of O., in the county of S., which borough had its own rate in the nature of a county rate, the judge of assize made an order upon the borough treasurer, under 7 Geo. 4, c. 64, s. 25, for payment of the prosecutor's costs. The order was not disputed during the assizes. The borough afterwards contesting it, and a mandamus being moved for :-Held, that the judge's order was conclusive, and that a mandamus might issue to enforce the payment. Reg. v. Oswestry (Treasurer) or Reg. v. Hayward, 12 Q. B. 239; 12 Jur. 744; 17 L. J., Q. B. 223.

A prosecutrix and witnesses were bound by recognizance to appear against a prisoner at the assizes on a charge of felony. By the advice of counsel, instead of an indictment for felony, an indictment was preferred for a misdemeanor at common law, on which no costs could be allowed. The judge made an order for the expenses of the attendance of the prosecutrix and witnesses. Reg. v. Hanson, 2 C. & K. 912-Williams.

A prosecutor and his witnesses were bound by recognizances to prosecute and give evidence at the assizes. They attended there, and preferred an indictment, which was found. The prisoner had been by mistake discharged by proclamation at an adjourned sessions which precede the assizes, and had absconded. The judge allowed the expenses.

Under 7 Geo. 4, c. 64, s. 22, the court may, in case of felony, allow the costs of the prosecutor and witnesses, though they are not under recognizances. Reg. v. Butterwick, 2 M. & Rob. 196—Parke.

Where an indictment on 7 & 8 Geo. 4, c. 30, s. 16, was removed by certiorari into the King's Bench, and is tried on a record issuing out of that court, the expenses of prosecution cannot be allowed under 7 Geo. 4, c. 64, s. 22. Rex v. Kelsey, 1 D. P. C. 481.

Where the clerk of the peace, authorized to prosecute at the expense of the county, had not prosecuted, the expenses of prosecution were not allowed. Reg. v. Cook, 1 F. & F. 389-Bramwell.

The court has no power to make an order on the treasurer for the interlocutory costs of a prosecution, and will not make any till the trial has actually taken place. In re Young, 2 Cox, C. C. 280-Patteson.

The court has no power to order payment, as part of the expenses of a prosecution, of the costs incurred by the warders of Millbank prison, in bringing down to Wells a prisoner in custody at Millbank, as an escaped convict, to be tried at Wells, on a charge of larceny from the person. Reg. v. Waters, 8 Cox, C. C. 350-Channell.

Under the words "in otherwise carrying on such prosecution," in 7 Geo. 4, c. 64, s. 22, extra expenses which had been incurred in getting up a prosecution, ordered to be reimbursed. Lewen's case, 2 Lewin, C. C. 161-Denman.

Where the prosecutor of an indictment for a misdemeanor found at sessions removes it into the Queen's Bench by certiorari, he is not entit