Majority
p. 45The People vs. M’Lane. was not ready for trial. moved the Court that the prisoner file additional bail for his appearance from day to day, or that he be committed to await his trial. Price objected ; he contended that the matter had been investigated below by respectable magistrates, and . , r ° a full hearing, they had fixed the bail at $ that they were the officers appointed_by law to take bail; they amined the prisoner ; they were better acquainted with his case, and what amount of bail he ought to find,- than Judges sitting in a Court of Sessions could possibly be supposed to be : and that the Court ought not to interfere in such a case. Maxwell replied that the practice of the Court had been otherwise, and cited--- ■-case. —City Hall Recorder, vol.—page —.
Headnote
The Court of toarterlsessions have the crease the bail set by the magistrate^e-where n0 motion for adjournment isThe prisoner was put to the box, and arraigned on an indictment, charging him with having in his possession. two $3 Bank hills, of the Bank at Morris, in New Jersey,, with intention to pass them : to which indictment he plead not guilty.
Price, his counsel,
Maxwell, District Attorney,
The Court were unanimous that they had the power to increase the bail, and decided that the prisoner should find
p. 46
an additional surety, to be recognised in $300 for his am - , . r pearance from day to day.