When commission shall be opened under this act, the cause of delay shall be certified to the Lord Chancellor, &c. 3&4W. 4. c.71. His majesty in council may direct at what places in any county assizes and sessions of gaol delivery shall be held, and that they § 2. "In every case in which it shall happen that any such commission shall be opened and read under the provisions of and according to this act, the quorum commissioner, before whom the same shall be opened and read, shall, under his hand and seal, certify to the lord chancellor, lord keeper, or lords commissioners of the great seal for the time being, that the said commission was so opened, and the cause of the delay of opening and reading the same; which certificate shall be enrolled in the high court of chancery." By 3 & 4 W. 4. c. 71., repealing so much of 6 R. 2. c. 5. and of 11 Ř. 2. c. 11. as relates to the places for holding assizes, it is enacted, § 2. "that his majesty, by and with the advice of his privy council, shall have power from time to time to order and direct at what place or places in any county in England or Wales the assizes and sessions under the commissions of gaol delivery and, other commissions for the despatch of civil and criminal business, shall be holden, and to order and direct such assizes and sessions may be holden for the despatch of criminal and civil business to be holden at more than one place in the same county on the same circuit, and to order and direct the assizes and sessions under such commissions for the despatch of criminal business to be holden for the whole county at one place, and for the despatch of civil business at one or more place or places in such county, on the same circuit; and further to order and direct any special commissions of oyer and terminer and gaol delivery to be holden at any one or more places in any such county." in more than one place in a county on the same circuit. Power to divide counties for the purpose of holding assizes in different divi、 sions of the same county. Power to direct the court of Common Pleas at Lancaster to be holden at any one or more places in the county, and 3. "In case his majesty, by and with the advice of his privy council, shall think fit to order and direct that the assizes or any such special commissions shall be holden at more than one place in any one county, it shall be lawful for his majesty, by and with the advice aforesaid, to divide any such county for the purposes of this act, and to make rules and regulations touching the venue in all cases, civil and criminal, then pending or thereafter to be pending, and to be tried within any division of such county so to be made as aforesaid; and touching the liability and attendance of jurors, whether grand jurors, special jurors, or common jurors, at the assizes and sessions as aforesaid, or at any sessions under any special commissions to be holden within any such division; and touching the use of any house of correction or prison as a common gaol, and the government and keeping thereof; and touching the alterations of any commissions, writs, precepts, or other proceedings whatsoever for carrying into effect the purposes of this act; and touching any other matters that may be requisite for carrying into effect the purposes of this act; and all such rules and regulations shall be of the like force and effect as if the same had been made by the authority of parliament, and shall be notified in the London Gazette, or in such other manner as his majesty, by and with the advice of his privy council, shall think fit to direct." 4. "His majesty shall have power, from time to time, for the purpose of carrying this act into effect, to order and direct that the court of Common Pleas at Lancaster shall be holden at any one or more places in the county palatine of Lancaster as he shall think fit, and to divide the said county palatine for the purpose of the trial of civil causes and the transaction of other civil business in the said court, and to make the like rules and regulations touching the venue in civil cases to be tried within any division of to divide the Attachment. THIS word, as a law term, we have immediately from the French attacher, to tye, or make fast. The Italian word is attacare; the Spanish attacar; and the Saxon tæcan, to take. It signifieth the taking of a man's body by commandment of Definition. a writ or precept; and is properly grantable in cases of contempts, against which for the most part all courts of record generally, but more especially those of Westminster Hall, and above all, the court of King's Bench, may proceed in a summary manner, according to their discretion. 2 Haw. c. 22. § 1. 4 Blac. Com. 284. In the case of R. v. Bartlett, 2 Sess. Cas. 176., it is said that Power of generally the sessions have not a power to award an attachment: sessions. but the Court said, they would not determine how it would have been, if they had committed the person for contempt; but the ordinary and proper method is by indictment. When an order, however, is confirmed by the court above, an attachment lies for non-performance of it; and therefore the court will not take security of the party for performance of it. Q. v. Chaffey, 2 Ld. Raym. 858. 1 Bott. 472. Attainder. [Stat. 54 G. 3. c. 145. 3 & 4 W. 4. c. 106.] THE difference between a man attainted and convicted is, that a man is said to be convicted before he hath judgment, as if a man be convicted by verdict or confession, and when he hath his judgment upon the verdict or confession, then he is said to be attainted. 1 Inst. 390. b. That is to say, his blood is become (attinctus) tainted, stained, or Corruption of corrupted; insomuch that by the common law, in cases of treason blood. or felony, his children or other kindred cannot inherit his estate, nor his wife claim her dower; and the same cannot be restored or saved, but by act of parliament; and therefore, in divers instances, there is a special provision by act of parliament that such or such an attainder shall not work corruption of blood, loss of dower, nor disherison of heirs. 1 Inst. 391. b. . 54 G. 3. c.145. Limiting corruption of blood to certain cases. 3 & 4 W. 4. c. 106. Descent By stat. 54 G. 3. c. 145., intituled "An act to take away corruption of blood save in certain cases," it is enacted, that no attainder for felony which shall take place from and after the passing of this act, save and except in cases of the crime of high treason, or of the crimes of petit-treason or murder, or of abetting, procuring, or counselling the same, shall extend to the disinheriting of any heir, nor to the prejudice of the right or title of any person or persons other than the right or title of the offender or offenders during his, her, or their natural lives only; and that it shall be lawful to every person or persons to whom the right or interest of any lands, tenements, or hereditaments, after the death of any such offender or offenders, should or might have appertained if no such attainder had been, to enter into the same. By 3 & 4 W. 4. c. 106. § 10., when the person from whom the descent of any land is to be traced shall have had any relation, who, having been attainted, shall have died before such descent allowed through shall have taken place, then such attainder shall not prevent any person from inheriting such land who would have been capable of inheriting the same by tracing his descent through such relation if he had not been attainted, unless such land shall have escheated in consequence of such attainder before Jan. 1., 1834. attainted person, who has died. By § 11., this act shall not extend to any descent which shall take place on the death of any person, who shall die before Jan. 1, 1834. II. Difference between Bail and Mainprize. III. Who may or may not be bailed, and in what manner. [7 G. 4. c. 64.] IV. Requiring excessive Bail. [1 W. & M. sess. 2. c. 2.] V. Denying Bail where it ought to be granted. VII. Of Bail by Writ of habeas corpus. [31 C. 2. c. 2.-43 G. 3. c. 140.—44 G. 3. c. 102. VIII. Acknowledging Bail in another Man's Name. I. What it is. BAIL (from the French bailler, to deliver) signifies the delivery of a man out of custody, upon the undertaking of one or more persons for him, that he shall appear at a day limited, to answer and be justified by the law. 1 Hale's Sum. 96. II. Difference between Bail and Mainprize. The difference between bail and mainprize is, that mainpernors are only surety, but bail is a custody; and therefore the bail may retake the prisoner, if they doubt he will fly, and detain him, and bring him before a justice, and the justice ought to commit the prisoner in discharge of the bail, or put him to find new sureties. 1 Hale's Sum. 96. III. Who may or may not be bailed, and in what manner. [7 G. 4. c. 64.] By the ancient law of the land, in all cases of felony, if the Bail at comparty accused could find sufficient sureties, he was not to be com- mon law. mitted to prison; but afterwards it was provided by parliament that in case of homicide and certain other felonies the offender was not bailable. 2 Inst. 186. 4 Bl. Comm. 298. Evidence which neither raises strong presumption nor missal of charge. warrants dis By 7 G. 4. c. 64., which repeals the 3 Edw. 1. c. 15. and 1 & 2 7 G. 4. c. 64. Ph. & M. c. 13., the law respecting the taking of bail on charges Strong preof felony is now regulated. f 1. enacts, that where any person sumption of shall be taken on a charge of felony, or suspicion of felony, before guilt. one or more justices of the peace, and the charge shall be supported by positive and credible evidence of the fact, or by such evidence as, if not explained or contradicted, shall, in the opinion of the justice or justices, raise a strong presumption of the guilt of the person charged, such person shall be committed to prison in the manner herein-after mentioned; but if there shall be only one justice present, and the whole evidence given before him shall be such as neither to raise a strong presumption of guilt, nor to warrant the dismissal of the charge, such justice shall order the person charged to be detained in custody until taken before two justices at the least; and where any person so taken, or any person, in the first instance, taken before two justices of the peace, shall be charged with felony, or on suspicion of felony, and the evidence given in support of the charge shall, in their opinion, not be such as to raise a strong presumption of the guilt of the person charged, and to require his or her committal, or such evidence shall be adduced on behalf of the person charged as shall, in their opinion, weaken the presumption of his or her guilt, but there shall notwithstanding appear to them, in either of such cases, to be sufficient ground for judicial inquiry into his or her guilt, the person charged shall Bail in felony, be admitted to bail by such two justices, in the manner herein-after two justices mentioned; provided always, that nothing herein contained shall necessary. be construed to require any such justice or justices to hear evidence on behalf of any person so charged as aforesaid, unless it shall appear to him or them to be meet and conducive to the ends of justice to hear the same. 2. The two justices of the peace before they shall admit to bail, and the justice or justices before he or they shall commit to prison any person arrested for felony, or on suspicion of felony, shall take the examination of such person, and the information, upon oath, of those who shall know the facts and circumstances of the case, and shall put the same, or as much thereof as shall Not imperative on justices to hear evidence on behalf of the party charged. Examination and information to be taken in writing. Bailment to be be material, into writing; and the two justices shall certify such certified in writing. Authority to bind by recognizance. Justices to subscribe the bail ment, &c. Depositions, bailments, &c. to be returned to officer of court. So, in misde meanor. So, as to coro ners. Justice, &c. acting contrary to such provisions may be fined. Insufficient bail. Bail may be examined on oath. Number of sureties and amount. bailment in writing; and every such justice shall have authority to bind by recognizance all such persons as know or declare any thing material touching any such felony or suspicion of felony, to appear at the next court of oyer and terminer, or gaol delivery, or superior criminal court of a county palatine, or great session or sessions of the peace at which the trial thereof is intended to be, then and there to prosecute or give evidence against the party accused; and such justices and justice respectively shall subscribe all such examinations, informations, bailments, and recognizances, and deliver or cause the same to be delivered to the proper officer of the court in which the trial is to be, before or at the opening of the court. 3. requires the examination and information in cases of misdemeanor to be taken in writing by the justice, and directs that he shall subscribe all examinations, informations, bailments, and recognizances, and return them to the proper officer of the court, in like manner as in cases of felony. § 4. contains an enactment to the like effect in regard to inquisitions taken before coroners. § 5. If any justice or coroner shall offend in any thing contrary to the true intent and meaning of these provisions, the court to whose officer any such examination, information, evidence, bailment, recognizance, or inquisition ought to have been delivered shall, upon examination and proof of the offence, in a summary manner, set such fine upon every such justice or coroner as the court shall think meet. It is to be observed, that the provisions of the above statute in regard to taking bail, apply only to the case of prisoners brought before magistrates on a charge of felony. If a person who has power to take bail be so far imposed upon as to suffer a prisoner to be bailed by insufficient persons, it is said, that either he, or any other person who hath power to bail him, may require the party to find better sureties, and to enter into a new recognizance with them, and may commit him on his refusal; for that insufficient sureties are no sureties. 2 Haw. c. 15. § 4. And the person who is to take the bail may examine them on their oaths concerning their sufficiency. 2 Haw. c. 15. § 4. 2 Hale, 125. No person ought, in any case, to be bailed for felony by less than two; and it is said to be the practice of the K. B. not to admit any person to bail upon a habeas corpus, on a commitment for treason or felony without four sureties. The only sure way of proceeding in this case is to take care that every one of the bail be of ability sufficient to answer the sum in which they are bound, which ought never to be less than 40%. for a capital crime, but may be as much higher as the justices in discretion shall think fit to require, upon consideration of the ability and quality of the prisoner, and the nature of the offence. 2 Haw. c. 15. § 4. Special cases of There are furthermore many statutes which prohibit bail and imprisonment mainprize in very many cases, and allow the same in many others, under particular which are interspersed among the several titles which treat of statutes. those matters. |