court is hereby authorised and empowered, in any of the cases aforesaid, to order the sheriff of the county in which the offence shall have been committed to pay to the person or persons who shall appear to the court to have been active in or towards the apprehension of any person charged with any of the said offences, such sum or sums of money as to the court shall seem reasonable and sufficient to compensate such person or persons for his, her or their expenses, exertions and loss of time in or towards such apprehension; and when any person shall appear to any court of sessions of the peace to have been active in or towards the apprehension of any party charged with receiving stolen property, knowing the same to be stolen, such court shall have power to order compensation to such person, in the same manner as the other courts hereinbefore mentioned: Provided always that nothing herein contained shall prevent any of the said courts from also allowing to any such person, if prosecutors or witnesses, such costs, expenses and compensation as courts are by this act empowered to allow to prosecutors and witnesses respectively.

By sect. 29, the order for payment is to be made out by the proper officer, and the sheriff is authorised to pay at sight, and to apply for repayment to the Treasury.

By sect. 30, if any man shall happen to be killed in endeavouring to apprehend any person who shall be charged with any of the offences hereinbefore last mentioned, it shall be lawful for the court before whom such person shall be tried to order the sheriff of the county to pay to the widow of the man so killed, in case he shall have been married, or to his child or children, in case his wife shall be dead, or to his father or mother, in case he shall have left neither wife nor child, such sum of money as to the court in its discretion shall seem meet; and the order for payment of such money shall be made out and delivered by the proper officer of the court unto the party intitled to receive the same, or unto some one on his or her behalf, to be named in such order by the direction of the court; and every such order shall be paid by and repaid to the sheri in the manner hereinbefore mentioned.

CHAPTER XX.

OF COMMITMENT AND BAIL.

WHEN an arrest is made, the party arrested should be taken before a magistrate as soon as it can be reasonably done; and when arrested on suspicion, he is not to be detained before he is taken to a magistrate, in order that evidence may be first collected.-1 Chitty's Cr. Law, 59; 6 Dow. & Ry. 623.

The magistrate, when any party under arrest is brought before him, is bound immediately to take the examinations of all concerned, and should also complete them, and dispose of the prisoner, by committing him to prison, holding him to bail, or discharging him, as soon as the nature of the case will permit.-Fost. 142.

He is allowed, however, a reasonable time for the purpose, and may, when necessary, commit him for further examination.-1 Chitty's Cr. Law, 73, 74.

But the detainer must not be for too long a period, and fourteen days has been considered as too long, unless under extraordinary circumstances.-4 Bl. C. 296, note (2) by Ryland; Cro. Eliz. 829.

Trespass will lie against a magistrate for committing a party charged with felony, for re-examination for an unreasonable time, though without any improper motive.-10 B. & C. 28.

If it manifestly appears that no crime was committed, or that if committed, the prisoner is innocent, he must be discharged; otherwise he must be committed to prison, or give bail, that is, put in securities, who, together with himself, become bound for his appearance to answer the charge.-4 Bl. C. 296.

Regularly, in all offences, either against the common law or act of parliament, that are below felony, the offender ought to be admitted to bail, unless it be prohibited, in the particular case, by act of parliament.-4 Bl. C. 298.

But where by any act of parliament the justice is authorised to commit for a time certain, in the nature of an execution, the party is of course not intitled to be bailed.

And when the House of Lords voted the defendant guilty of a breach of privilege, and committed him to prison, the Court of King's Bench refused to discharge him out of custody.-8 T. R. 314.

By 7 Geo. IV. c. 64, s. 1, reciting, inter alia, that it is expedient to define under what circumstances persons may be admitted to bail in cases of felony, and to make better provision for taking examinations, informations, bailments and recognizances, and returning the same to the proper tribunals, it is enacted, that when any person shall be taken on a charge of felony, or suspicion of felony, before one or more justice or 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 by such justice or justices in the manner hereinafter 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 he or she shall be taken before two justices at the least; and when 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 pre

sumption 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 be admitted to bail by such two justices in the manner hereinafter mentioned: Provided always that nothing herein contained shall 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.

By sect. 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 be material, into writing, and the two justices shall certify such bailment in writing; and every such justice shall have authority to bind by recognizance all such persons as know or declare anything 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 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.

By sect. 3, every justice of the peace before whom any person shall be taken on a charge of misdemeanor, or suspicion thereof, shall take the examination of the person charged, and the information upon oath of those who know the facts and circumstances of the case, and shall put the same, or so much thereof as shall be material, into writing, before he shall commit to prison, or require bail from the

person so charged, and in every case of bailment shall cer tify the bailment in writing, and shall have authority to bind all persons by recognizance to appear to prosecute or give evidence against the party accused, in like manner as in cases of felony, and shall subscribe all 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, in like manner as in cases of felony.

The depositions before the magistrate should not be taken in technical terms, but in the exact natural language and peculiar expressions used by the prosecutor or witnesses. Chitty's Burn, "Examination."

The defendant should be permitted to cross-examine the witnesses.-1 Chitty's Cr. Law, 79.

The prisoner has no right to the assistance of an attorney when under examination on a charge of felony, but it is a privilege in the discretion of the magistrate.-Chitty's Burn, "Examination;" 2 Dow. & Ry. 86.

If any the slightest case is made out against the defendant, he should be asked by the justice if he has anything to say against the charge.-Chitty's Burn, "Examination."

The defendant's examination must not be upon oath; that of the witnesses for the prosecution must be.-2 Hale, P. C. 52; 1 Phil. Ev. 106.

The defendant may if he choose, call witnesses, and they are to be examined on oath.-Ibid.; 1 Chitty's Cr. Law, 79.

To refuse or delay bailing, to a person bailable, is an offence by the common law, and by stat. West. 1; 3 Edw. I. c. 15; and the Habeas Corpus Act, 31 Car. II. c. 2.

By statute 1 W. & M. st. 2, c. 2, excessive bail must not be required.

If the magistrate take insufficient bail, he is liable to be fined if the criminal doth not appear.-4 Bl. C. 297.

Bail may be taken, either in court, or in some particular cases, by the sheriff, coroner or other magistrate, but most usually by the justices of the peace.-Ibid.

When bail is taken, a recognizance must be entered into