The New-York Legal Observer Volume 3 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1845 Excerpt: ...power of bailing of prisonBra for felony or misdemeanors, was exercised by the sheriff or special bailiffs. After the statute 1, Ed. 3d, which instituted the office of justice of the peace, this power was gradually transferred to that officer. By the statute 1, R. 3, c. 3. This power was expressly given to one justice of the peace to bail any prisoner for felony. Attempts having been made under this act to bail in cases not mainpernable, for remedy wheref a subsequent statute of 3 Hen. 7, c. 3, was passed, giving this power to two justices of the peace. Afterwards the statute 1 and 2 P. and M., c. 13 was passed, recognizing the authority given by the statute 3 Hen. 7, c. 3, to two justices of the peace in bailable cases, and adopting the statute 3 E. 1, as the standard for the taking of bail by two justices of the peace. Again, the statute of Gloucester, c. 9, expressly provides "that he that kills a man by misadventure, shall remain in prison until the coming of the justices in eyre or jail delivery, and then he shall be tried." Tho writ of hominie replegiando, excepts the case of the death of a man from bail. It was resolved by all the judges in 7 Charles 1, that a man is not bailable for manslaughter. Upon a review of all these statutes, Sir Matthew Hale in his 2d vol. Pleas. Cro. p. 138, says "That in case of murder it is of all hands agreed, that the justices of the peace cannot bail, but it is to be done regularly only in the King's Bonch." 2ndly. "That a bailment in the king's bench, may be upon an original indictment before them in the county where they sit, upon an indictment removed by Certiorari, or upon a prisoner removed by habeas corpus before or after indictment," p. (129.) 3rdly. "That all offences at commo...