Editorial Reviews:
Product Description
Subtitle: To Which Are Now Added Precedents of Declarations and Pleadings in Civil Actions General Books publication date: 2009 Original publication date: 1828 Original Publisher: Hilliard, Gray, Little, and Wilkins Subjects: Justices of the peace Notes: This is a black and white OCR reprint of the original. It has no illustrations and there may be typos or missing text. When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. Excerpt: CHAPTER VI. THE COMMITMENT. When a person is apprehended for an offence that is not bailable, and there appears any ground for the charge ; and when the charge is for a bailable offence, and the party neglects to offer sufficient bail, he must be committed. The mittimus is a warrant of commitment to the gaoler to receive the defendant. The magistrate, who has power to examine or try the defendant, has also, as incident to his offence, power to commit him. The statute, " vesting certain powers in justices of the peace in criminal cases,"f which enables justices of the peace to examine into the crimes and offences therein enumerated, also enables such justices to commit the persons charged when the offence is not bailable, or when sufficient bail is not offered. The first inquiry is, to what prison shall the defendant be committed ? By the statute last quoted, justices are commanded to commit to prison persons guilty, or suspected to be guilty, of capital or other offences. The prison, here intended, is unquestionably the common gaol of the county in which the offence is committed. No other prison could be intended by the legislature ; for whenever a magistrate is authorized or commanded to commit an offender to any other prison, as for instance, the house of correction, it is so particularly directed in the statute which creates the offence, and points out the punishment. And the party ought to be committed for trial to the...
|
