A writ anciently called “breve de bono et malo,” addressed to the sheriff to inquire whether a man committed to prison upon suspicion of murder were committed on just cause of suspicion, or only upon malice and ill will; and if, upon the inquisition, it were found that he was not guilty, then there issued another writ to the sheriff to bail him. Reg. Orig. 133. Odiosa et inlionesta non sunt In lee* prsesumanda. Odious and dishonest acts are not presumed in law. Co. Litt. 78; Jackson r. Miller, 6 Wend. (N. Y.) 228, 231, 21 Am. Dec. 316; Nichols Y. Pinner, 18 N. Y. 295, 300. Odiosa non prsesumnntur. Odious things are not presumed. Burrows, Sett. Cas. 190.

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