When the person accused is brought before the justice for any treason or felony, the statute requires that the Justice should take the examination of the prisoner and the information of those who bring him, relative to the fact, and the same, or so much thereof as shall be material to prove the offence, to put in writing within two days after the examination. And this memorandum of the Justice may be subsequently unproved in evidence on the trial, it should be drawn with caution; and to avoid mistake it is advisable that it be done at the time of the examination. . . . After the examination of the accused, all witnesses present are to be examined on oath touching the complaint, and the material parts of their evidence committed to writing, as aforesaid. Witnesses are however to be examined only on the part of the prosecution. . . . If the Justice be satisfied that there is not just ground of suspicion against the prisoner, he should discharge him; but if reasonable cause of suspicion appear, the Justice must then, in his discretion, either recognize the prisoner with surety for his appearance at the next court having cognizance of the offence, or commit him to gaol. In determining whether the prisoner shall be bailed, the amount of the recognizance and the sufficiency of the sureties offered, the justice must be governed by a consideration of the magnitude of the offence, and the probability of the guilty of the accused . . . the Justice is required to recognize the witnesses for the prosecution. As it often happens that the witnesses are numerous, I propose a form for binding them all in one recognizance.