immediately to the superior courts from whence the writ issues.—"After the return is filed, the court is either to discharge, or bail, or commit him, as the nature of the case requires." Hale, 2. P.C. 146.
"If bail be granted, otherwise than the law alloweth, the party that alloweth the same shall be fined, imprisoned, render damages, or forfeit his place, as the case shall require." Selden by N. Bacon. 182.
"This induces an absolute necessity of expressing, upon every commitment, the reason for which it is made; that the court, upon a Habeas Corpus, may examine into its validity, and, according to the circumstances of the case, may discharge, admit to bail, or remand the prisoner." Blackstone, 3. 133.
"Marriot was committed for forging indorsements upon bank-bills, and upon a Habeas Corpus was bailed, because the crime was only a great misdemeanor;—for though the forging the bills be felony, yet forging the indorsement is not." Salkeld., 1. 104.
