n order that he may have time to examine into
their sufficiency and responsibility. When the bail appear, evidence
may be heard on oath, and they may themselves be examined on oath upon
this point; if they do not appear to possess property to the amount
required by the magistrates, they may be rejected, and others must be
procured, or the defender must go to prison. Excessive bail must not
be required; and, on the other hand, the magistrate, if he take
insufficient bail, is liable to be fined, if the criminal do not
appear to take his trial. When the securities are found, the bail
enter into a recognizance, together with the accused, by which they
acknowledge themselves bound to the Queen in the required sums, if the
accused does not appear to take his trial, at the appointed time and
place. This recognizance must be subscribed by the magistrates, and
delivered with the examinations to the officer of the court in which
the trial is to take place. With this, the preliminary proceedings
close: the accused has had one opportunity of refuting the charge, or
of clearing himself from the suspicion which has gathered round him;
but as yet, there is no written accusation, no written statement of
the offence which it is alleged he has committed. True, he has heard
evidence--he has heard a charge made orally against him--but the law
requires greater particularity than this before a man shall be put in
peril upon a criminal accusation. The facts disclosed in the evidence
before the magistrates must be put in a legal form; the offence must
be clearly and accurately defined in writing, by which the accused may
be informed what specific charge he is to answer, and from which he
may be able to learn what liability he incurs; whether his life is put
in peril, or whether he is in danger of transportation or of
imprisonment, or merely of a pecuniary fine. This is done by means of
the indictment. The indictment is a written accusation of one or more
several persons, preferred to and presented upon oath by a grand jury.
This written accusation, before being presented to the grand jury, is
properly termed a "bill;" and, in ordinary cases, it is generally
prepared by the clerk of the arraigns at the assizes, and by the clerk
of the peace at the quarter sessions; but, in cases of difficulty, it
is drawn by counsel. It consists of a formal technical statement of
the offence, which is engrossed upon parchment, upon the back of which
the names of