R v Lord Delamere
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1724 |
| Date | 01 January 1724 |
| Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 309
IN THE COURT OF KINGS BENCH AT WESTMINSTER.
rex versus lord delamere. Bail on the Habeas Corpus Act. It was moved, that he might be bailed upon the Habeas Corpus Act, for want of prosecution, within a term. Cur'. The Grand Sessions held at Chester, where the cause ariseth, is in nature of a term ; and if his prayer had been entred there, we might have bail'd him (upon motion) the first day of this term ; but the prayer being here upon the first day, that can give him no advantage; the discretion of bailing, which the Court had before, is now restrained by that Act. And where the Act saith witnesses, yet if one witness only be sick, 'tis within the Act : and (the words of the Act being upon oath made) an affidavit was taken in...
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