Anonymous (1794) 6 Mod 179
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1794 |
| Date | 01 January 1794 |
| Court | High Court |
English Reports Citation: 87 E.R. 934
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
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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