and thus conducted, it appears, either that no such crime was committed, or that the suspicion entertained against the accused is wholly groundless, or that, however positively accused, if the balance of testimony be strongly in favour of his innocence, it is the duty of the magistrate to discharge him.  But if, on the other hand, the case seems to have been entirely made out, or even if it should appear probable, that the alleged crime has in fact been perpetrated by the defendant, he must either be committed to prison, there to be kept, in safe custody, until the sitting of the court before which the trial is to be heard; or, he may be allowed to give bail—­that is, to put in securities for his appearance to answer the charge against him.  In either of these alternatives, whether the accused be committed or held to bail, it is the duty of the magistrate to subscribe the examinations, and cause them to be delivered to the proper officer, at, or before, the opening of the court.  Bail may be taken by two justices in cases of felony, and by one in cases of misdemeanour.  In this stage of the proceedings, as the commitment is only for safe custody, whenever bail will answer the same intention, it ought to be taken, as in inferior crimes and misdemeanours; but in offences of a capital nature, such as the heinous crimes of treason, murder, and the like, no bail can be a security equivalent to the actual custody of the person.  The nature of bail has been explained, by Mr Justice Blackstone, to be “a delivery or bailment of a person to his sureties, upon their giving, together with himself, sufficient security for his appearance:  he being supposed to continue in their friendly custody, instead of going to gaol.”  To refuse, or even to delay bail to any person bailable, is an offence against the liberty of the subject, in any magistrate, by the common law.  And the Court of Queen’s Bench will grant a criminal information against the magistrate who improperly refuses bail in a case in which it ought to have been received.  It is obviously of great importance, in order to ensure the appearance of the accused at the time and place of trial, that the sureties should be men of substance; reasonable notice of bail, in general twenty-four or forty-eight hours, may be ordered to be given to the prosecutor, in 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