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Criminal Law Act 1826

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IIBefore any Person charged with Felony, &c. shall be bailed or committed, the Justices shall take down in Writing the Examination, &c. and bind Witnesses to appear at the Trial. Examinations, &c. to be delivered to the Court.

And whereas it is expedient to amend and extend the Provisions of Two Acts, the [1 & 2 P. & M. c. 13.] First passed in the First and Second Years of the Reign of King Philip and Queen Mary, intituled An Act appointing an Order to Justices of Peace for the Bailment of Prisoners, and the Second passed in the [2 & 3 P. & M. c. 10.] Second and Third Years of the same Reign, intituled An Act to take Examination of Prisoners suspected of Manslaughter or Felony; be it therefore enacted, That the Two Justices of the Peace, before they shall admit to Bail, and the Justice or Justices, before he or they shall commit to Prison, any Person arrested for Felony or on Suspicion of Felony, shall take the Examination of such Person, and the Information upon Oath of those who shall know the Facts and Circumstances of the Case, and shall put the same, or as much thereof as shall be material, into Writing; and the Two Justices shall certify such Bailment in Writing; and every such Justice shall have Authority to bind by Recognizance all such Persons as know or declare any thing material touching any such Felony or Suspicion of Felony, to appear at the next Court of Oyer and Terminer, or Gaol Delivery, or Superior Criminal Court of a County Palatine, or Great Sessions or Sessions of the Peace, at which the Trial thereof is intended to be, then and there to prosecute or give Evidence against the Party accused; and such Justices and Justice respectively shall subscribe all such Examinations, Informations, Bailments, and Recognizances, and deliver or cause the same to be delivered to the proper Officer of the Court in which the Trial is to be, before or at the Opening of the Court.

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