necessary to see whether the offence is serious, whether the evidence is strong, and whether the punishment for the offence is heavy." (R. v. Scaife and wife, 9 D. P. C., 553). The view here taken is completely borne out by the principle of the statute of 5 & 6 W. IV., c. 33, s. 3, which empowered Justices to admit to bail persons charged with felony, even after they had confessed their guilt; (and see 10 Vic., No. 6). The matter, therefore, for the consideration of the Magistrates, in determining upon the acceptance of bail, where they have a discretion, is the likelihood of the appearance of the accused party to take his trial; and if they have reason to think that he will not so appear, they will only exercise a wise discretion in refusing to admit him to bail. In those cases where the accused is entitled to bail as a matter of right, the Justices are bound to grant it, on being satisfied of the pecuniary sufficiency of the sureties. A Magistrate cannot, in such cases, to use the language of Lord Denman, "lawfully reject bail at his own discretion, nor is he at liberty, when bail is offered, to enter into an investigation as to the character or opinion of such bail, provided he is satisfied of their sufficiency to answer for the appearance of the party, in the amount reasonably required for that purpose." (R. v. Badger, 4 Q. B., 472). The same principle was upheld by Mr. Baron Martin, who held that it was no objection to the persons proposed as bail in a criminal case, that they were indemnified by or on behalf the prisoner. (R. v. Broome, cited in Wise's Supt. to B. J., p. 60). And see, on this subject, the Notes to s. 23 of 11 & 12 Vic., c. 42, Plunkett's Australian Magistrate's Pocket Book, pp. 60, 63. The summary of the 23rd sec., (as given in Okes' Synopsis), may be thus briefly stated 1. That it is discretionary with the examining Magistrate whether to admit to bail in all cases of felony, assaults with attempt to commit felony, and in the other specified misdemeanors, (see s. 23); and in these cases it is discretionary with him whether he will certify his consent to bail being taken by another Justice. 2. That, in other misdemeanors than those specified, he must take bail, if tendered and sufficient; and, if the accused is committed, he must certify his consent to bail. 3. If the accused committed, and the committing Magistrate certify his consent, where such consent is optional, as in case 1, any Justice, &c., may take the recognizances of the sureties, and a visiting Justice of the gaol take the recognizances of the accused there, and of his sureties also, if convenient. 4. If the accused committed for the misdemeanors not specified, (as in 2), a visiting Justice of the prison, or any Justice, may admit him to bail. 5. The committing Justice, after committal, may take bail for any offence, either at the gaol, or the sureties for the accused elsewhere, and then certify, when the accused's recognizance may be taken by the visiting Justice. 6. Justices are not to admit to bail for treason,—and under no circumstances do they, upon a charge of murder. 7. There must be at least one surety, the accused's recognizance alone not being sufficient, as on a remand; but it is usual to require two sureties. 8. The amount of the recognizance is discretionary with the Justices certifying, or (where not certified) with the Justice taking the bail; but the recognizance of the accused himself is usually double that of each of the sureties. We may conclude this subject by mentioning that the power of a Magistrate to accept or refuse bail in cases of misdemeanor is a judicial duty, and an action will not lie against him for refusing to take bail in such cases, without proof of express malice, even though the sureties tendered are found by the jury to have been sufficient. (Linford v. Fitzroy, 13 Q. B., 240). (G) An infant may enter into a recognizance, for, in ex parte Williams, (13 Price, 670), it was held that infancy was no ground for discharging a forfeited recognizance. Practice]-The practical mode of taking bail is for the prisoner to procure one or two responsible sureties, who, together with himself, become bound in a recognizance for his appearance at the ensuing Sessions of the Supreme Criminal Court, Circuit Court, or Quarter Sessions, as the case may be. The amount in which the prisoner and sureties should be respectively bound is left to the discretion of the Magistrates, and should be ascertained with reference to their relative situations in life or property. Among the lower classes, it is usual to require a prisoner to be bound in £50, with two sufficient sureties in £25 each; and, as to persons in more affluent circumstances, the amount may vary from £100 to £1000 usual amount demanded at the Sydney Police Office is,-in cases of felony, the principal, £80, and two sureties, £40 each; in misdemeanors, £40, and two sureties in £20 each. Four or more sureties may be taken for the amount, if the Justice thinks fit. The The following Form should be repeated by one of the Magistrates, or their clerk, to the prisoner and his sureties : You, A. B., acknowledge to owe to our Sovereign Lady the Queen the sum of on the day of Notice of Recognizance of Bail to be given].-The prisoner and his sureties having respectively signified their assent to this recognizance, the former may be discharged from custody. Each person bound, however, should have a notice, containing the particulars of the recognizance, signed by one of the Magistrates, delivered to him. (S. 2). (G) This case is given at length, post. (H) By 13 Vic., No. 7, s. 5, the word "indictment" includes an information, in all pleadings, civil and criminal. Recognizance forwarded to proper Officer].-The formal recognizance is subsequently engrossed for the Magistrates' signatures, (Sch., S. 1), and (in this colony) transmitted with the depositions, &c., as soon as possible after the conclusion of the case, to the Attorney-General. Clerks of Petty Sessions should remember that it is of the utmost importance to the administration of justice that there should be the least possible delay in forwarding the recognizance and depositions. Power of the Bail].-The party bailed is considered, in law, as in the custody of his sureties, who are considered as his keepers, and they may therefore re-seize, if they fear his escape, and take him before the Justice or Court by whom he may have been committed, and thus the bail may be discharged from their recognizance; but he is at liberty to find new sureties. (2 Hale, 124, s. 7). The bail may thus seize the person of the principal at any time, (as on a Sunday), or at any place; and, in surrendering they can command the co-operation of the Sheriff and any of his officers, (ex parte Lyne, 3 Stark., 132); or the bail may make a complaint before a Justice, and obtain a warrant of apprehension. BAILEE. See "CARRIERS," "LARCENY." BAKER. S. 6 W. IV., No. 1, s. 2. (1) [Two Justices].-(1) Any person knowingly putting into, or in anywise using, in making bread for sale, under any colour or pretence whatsoever, any alum, or other mixture in which alum is an ingredient, or any other mixture or ingredient whatsoever, except those mentioned in s. 1. (K) P. Fine £10-£2; to be recovered either by distress, under s. 19 of Jervis's Act, or according to the procedure of 5 W. IV., No. 22. (See Justices, Recovery of Fines, post, where s. 1 of 5 W. IV., No. 22, is given at length, and ex parte Cockburn, post, Part III). (Note 1). S. Id., s. 3. [Two Justices].—(2) Any person making for sale, or selling, or offering for sale, bread of any other denomination or size, excepting French or fancy bread or rolls, than the one, two, or four pound loaf, or selling, or offering for sale, any loaf which shall be found deficient of its due weight, when weighed in the shop at the time it is sold, or offered for sale, and which shall have been baked within 24 hours next preceding such sale. P. Fine £5-£2; to be recovered as offence (1). (1) Information, Appeal, &c.]—The complaint must be made within 48 hours next after the offence shall have been committed. When the penalty exceeds £5, there is an appeal in the manner provided by 5 W. IV., No. 22. (See "Appeal"). (K) 6 W. IV., No. 1, s. 1. provides that all bread for sale, &c., shall be made of flour or meal of wheat, barley, rye, oats, buckwheat, Indian corn, peas, beans, rice, or potatoes, or any of them; and with any common salt, pure water, eggs, milk, barm, leaven, potatoes, or other yeast. N.B.-The proof of such baking having been within 24 hours lies on the defendant. S. Id., s. 7. [Two Justices].—(3) Any person making for sale, or selling, or exposing for sale, any household wheaten bread, or any mixed bread, without being respectively marked H and M. (L) P. Fine 10s. for every pound weight of such bread; to be recovered as offence (1). (Note 1). S. Id., s. 8. [Two Justices.]—(4) Any person exercising or employed in the trade, &c., of a baker, making or baking any bread, rolls, or cakes of any sort or kind on Sunday, or any part thereof,-or selling, or exposing for sale, on Sunday, any bread, rolls, or cakes of any kind, except before 10 a.m., and between 1 and 2 p.m.,-or baking or delivering, or permitting to be baked or delivered, any meat, pudding, pie, tart, or victuals at any time on Sunday after 2 p.m.,- -or in any other manner exercising the trade or calling of a baker, or being engaged or employed in the business thereof, on Sunday, except so far as may be necessary in setting and superintending the sponge to prepare the bread or dough for the following day's baking; or any person bringing or taking from any bakehouse any meat, pudding, pie, tart, or victuals during the time of Divine service,-or making any sale or delivery allowed by this sec., except in their bakehouse or shop. P. Fine £3-£1; to be recovered as offence (1). N.B.-Conviction must be within two days of the offence, under this section. S. Id., s. 9. [Two Justices].-(5) Any baker or seller of bread neglecting to fix a correct beam and scales, or to provide and keep for use the regulated weights or other sufficient balance, or refusing to weigh any loaf, &c., purchased in his shop, in the presence of the party requiring the same. P. Fine £5-£1; to be recovered as offence (1). (Note 1) S. Id., s. 10. [Two Justices].-(6) Any baker, seller of bread, journeyman, servant, or other person employed by such baker, &c., carrying out or delivering any such bread in any cart, &c., drawn by a horse or other animal, without being provided with proper weights, or other sufficient balance, or at any time refusing to weigh any bread purchased of him, or delivered by his journeyman, &c., in the presence of the person purchasing or receiving the same. P. Fine £5-£1, by baker or seller; to be recovered as offence (1). S. Id., s. 11. [One Justice].—(7) If, on weighing any bread which shall be found by any Justice, or any Examiner of weights directed by any Justice, or any constable authorized by warrant upon entering, &c., and searching, &c., for the same, and which shall have been baked within (L) Standard wheaten bread (s. 4) is all bread made of the flour of wheat, which flour, without any mixture or division, shall be the whole produce of the grain, the bran or hull thereof only excepted, and which shall weigh two-third parts of the weight of the wheat whereof it is made. S. 5. All wheaten bread made for sale of any meal, &c., of inferior quality to that used for standard wheaten bread, is household wheaten bread, and is to be marked with a large Roman H; and all bread made, wholly or partially, of any other than wheat, &c., is mixed bread, and to be marked M, (s. 6). 24 hours next preceding the time of being so searched for and tried,any deficiency be found in its due weight, on the average of the whole weight of all the loaves of bread of the same denomination or size which shall be then and there found, and which shall have been baked within 24 hours as aforesaid, on view of any such Justice, or upon proof on oath of the party weighing the same. P. Fine 5s. for every ounce of bread so found deficient; recoverable as in offence (1). N.B.-In case of dispute, the proof of such bread not being baked within 24 hours, shall be on such baker or seller; and any Justice, Examiner, or constable may seize all such loaves as shall be found deficient, and such Justice may dispose thereof. There shall be no fine, or seizure, if it shall be proved by the oath of any respectable housekeeper that such deficiency arose from some unavoidable accident in baking or otherwise, or was occasioned by some contrivance or confederacy to injure the accused. S. Id., s. 12. [Two Justices].-(8) Any person putting into any corn, meal, or flour which shall be ground, dressed, bolted, or manufactured for sale, any ingredient or mixture whatever, not being the real and genuine produce of the corn or grain which shall be so ground,—or knowingly selling or offering for sale, either separately or mixed, any meal or flour of one sort of corn or grain as the meal or flour of any other sort of corn or grain, or any ingredient whatsoever, mixed with the meal or flour so sold or offered or exposed for sale. P. Fine £20-£5; to be recovered as offence (1). (Note 1) N.B.-This does not apply to any ingredient, &c., employed for cleansing or preserving such corn, &c., from smut, &c., so that every ingredient so used be carefully and effectually removed from such corn, &c., before the same be ground. (M) S. Id., s. 14. [One Justice].-(8) Any miller, mealman, or baker, in whose house, mill, shop, stall, bakehouse, bolting-house, pastry warehouse, out-house, ground, or possession, any ingredient or mixture shall be found which shall, after due examination, be adjudged by any Justice of the Peace to have been deposited there for the purpose of being used in adulterating the purity or wholesomeness of any meal, flour, dough, or bread. P. (1st offence) not exc. £2; (2nd offence) £5; (subsequent offences) £10; recoverable as offence (1). (Note 1) N.B.-Secus, if it appear to the satisfaction of any such Justice that such ingredient or mixture was so deposited without the knowledge and privity of the accused. S. Id., s. 15. [Two Justices].—(10) Any person wilfully obstructing or hindering any such search as hereinbefore authorized, or the seizure of any meal, flour, dough, or bread, or of any ingredient or mixture which shall be found on any such search, and which shall be deemed to have been lodged with an intent to adulterate the purity or wholesomeness of (M) Search Warrant].--Bakers' shops, &c., may be searched for adulterated flour, or bread, or ingredients for adulterating the same, either by a Justice, or constable authorised by warrant; and any found may be seized, and disposed of as the Justice may adjudge. (S. 13). |