Anonymous (1794) 6 Mod 179

JurisdictionEngland & Wales
Judgment Date01 January 1794
Date01 January 1794
CourtHigh Court

English Reports Citation: 87 E.R. 934

COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.

Anonymous

case 259. anonymous. Sheriff cannot bail on an arrest for misdemeanor. One justice may bail when one may grant warrant. Justices may commit or bail in cases of misdemeanor before indictment found. Holt, Chief Justice, if one be taken into custody by a process from the sessions to the sheriff, he must give a bail-bond according to the statute of 23 Hen. 6, c. 9 (a). (a)-So*Scott v. Brest, 3 Term Eep. 238. (fl) 2 Hawk. P. C. ch. 13, s. 11. (b) Hale Sura. 98. 1 Com. Dig. " Bail " (F. 3). (a) But it is decided in a late case, that the sheriff has no authority to take a bond 6 MOD. 180. TRINITY TERM, 3 QUEEN ANNE. IN B. R. 935 And where-over one may be taken up by warrant of one justice, any one justice may bail (5). Formerly indeed none could be taken up for a misdemeanor until indictment found, but now the practice over...

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3 cases
  • Creaven v Criminal Assets Bureau
    • Ireland
    • High Court
    • 29 October 2004
    ...HELIER V BENHURST (HUNDRED DE) CRO. CAR. 211 FERGUSON V KINNOULL 8 ER 412 LINFORD V FITZROY 116 ER 4255 HUE & CRY 27 ELIZ C13 R V TRACEY 6 MOD 179 HALSBURY 4ED V1(1) REISSUE PAR 4 SIMPLE IMPORTS LTD & ORS V REVENUE CMSR & ORS 2000 2 IR 243 CUSTOMS LAWS CONSOLIDATION ACT 1876 S205 CRIMINAL......
  • Linford against Fitzroy, Esquire
    • United Kingdom
    • Court of the Queen's Bench
    • 1 January 1849
    ...Green and the Hundred of Bucde-churches case (1 Leon. 323) (where, however, the point was not actually determined). In Hegina v. Tracy (6 Mod. 179), it was said by the Court that "it is an offence in a justice of peace to refuse bail in case of a common misdemeanour. And it suffices to gay ......
  • The Queen against Tracy
    • United Kingdom
    • High Court
    • 1 January 1794
    ...corpus, Ballard t. Sennet, 2 Burr. 777. (a) See upon this subject Hex v. Wilkes, 4 Burr. 2550. 934 TRINITY TERM, 3 QUEEN ANNE. IN B. R. 6 MOD. 179. Margaret's, in the said county; and that Tracy did there, with farther intent to oppress him, falsely, maliciously, &c. persuade the said Chamb......

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