were .clear, that the provisions of the habeas corpus »сi, ex’end only to persons actually in prison, ai d inn to persons under reеog izwnce, and at large upon bаil: and that it was in the* discretion oi the Cоurt, to continue diе recognizanсe from court tо court, urtil evj. deuсe could be procured to lаy before the grаnd jury, if it should appеar to be necessary for tfie public good.
Motion refused.
Note. The words of the habeas corpus act, arе, “ If a person is сommitted for treаson or felony specially exрressed, yet if he shа h in opfen court, he first-week of the term, or first day of аssize, petition tо be tried, and shall ,оt lie indicted some time in the next term or assize, after thе commitment, he shall, upon motion, the last day of the term, or assize, be bailnt, unless i. shаll ap| ear tо the judge, upon oath, that the King’s witness' s сould not he p.-educed within that time; аnd then if he. is not tried m the second lertn, оj assize, he shall be discharged from his imрrisonment ” See L 23 2 Hawk. ch. 15 3 Vin. Abr. Tit. Bail, H. a. Halе, P t. 99 2 Inst 189.
Quiere. Suppose thе bail ha ’ delivered the defendant up at the second court, snd had refused to be any longer bound for him?