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SURETY FOR THE PEACE.

Every justice of the peace may take surety for peace; any person may demand surety for the peace, who has reasonable ground to fear receiving corporal hurt from another. 1 Haw. c. 60, s. 6. but if demanded from mere malice, the justice may refuse it. A husband may demand surety against any one who threatens his wife or child, but not his servants or cattle. Dalt. c. 116.-It cannot be granted for an assault, battery or breach of the peace actually committed, the remedy for which is by indictment; but only in consequence of present or future danger of personal violence. Dalt. c. 11. A wife may demand it against her husband, and a husband against his wife. 1 Haw. c. 60. and in articles of the peace exhibited by the wife against the husband, the court will not permit, on the part of the husband, exculpatory affidavits to be read to contradict the truth of the articles and prevent security being given. 13 E. R. 174. it also may be demanded by an infant under fourteen years of age. It may be granted against any person under the degree of nobility, and whether a minor or not; but infants and femmes couvertes should find other than their own security. s. 3.-If a person is bound in the presence of a justice to find sureties, and he refuses, he may be committed; but if absent, a

warrant is necessary, which warrant must be under seal, stating the complaint and at whose instance it is granted; it may be made to bring the party before the justice granting it, or any other justice; and it seems that it may be directed to an indifferent person. 1 Haw. c. 60, s. 9.-5 Co. 59.

If any person suspects a warrant for the peace is issued, he may find sureties before any justice of the county, who will grant a supersedeas. s. 14.-A warrant for the peace must be executed by the person only to whom it is directed, who is authorized to break open any door on being refused admittance, and stating the cause of his coming. 2 Haw. c. 14, s. 2.

If the warrant is special, the party must be carried before the justice granting it, and no other; but if general, the offender may be taken before any justice, and the officer may take him to prison on refusing to give sureties before such justice. 1 Haw. c. 60, s. 13.-If the accused on being apprehended refuse to obey the warrant, or to find sureties, the officer may, without further warrant, convey him to gaol; but the warrant should so direct, otherwise it is prudent to bring him before the justice, by whom, on refusal to find sureties, he may be committed without further warrant. 2 H. H. 112.Dalt. c. 118.

An officer not doing his duty may be indicted and fined at the sessions. Dalt. c. 118.-If the sureties are insufficient, the justice may compel the party to find better. c. 116, 119. but if the sureties should

die, the principal is not compellable to find others, their executors or administrators being liable. It is better for justices to bind over the parties to keep the peace a reasonable time to be stipulated in the recognizance, rather than according to the common form to appear at the sessions, where the offender would be bound to find fresh security, without any new offence alleged; and for non-appearance his recognizance would be forfeited, except reasonable cause shewn by sickness or otherwise.-The recog nizance may be forfeited by doing any actual violence to the person of another, or causing it to be done by his instigation. Dalt. c. 121.-A justifiable assault is no forfeiture. 1 Haw. c. 60, s. 23, 24.If the recognizance is made to keep the peace generally, it shall be deemed to be during the parties' life, and as such recognizance cannot be discharged, it should not be granted upon slight grounds. Dalt. c. 119, 120. but it is discharged upon the death of the King, or of the principal. 1 Haw. c. 60, s. 17. and it has been held that the recognizance may be discharged on the release of the complaining party. Ibid.

If the recognizance is to keep the peace towards the King and all his subjects, the sessions may discharge it, unless on proclamation some person appears to demand sureties upon warrantable cause; but if it is made to keep the peace with a particular person the sessions will not discharge it, though the person requiring it do not appear, and

the court may bind over the party to the next ses.sions. Dalt. c. 120.

-If the party accused be in prison for want of sureties, on the death of the party demanding the peace he shall be released, or if he offers sufficient surety while in prison. Dalt. c. 118.

SURETY FOR GOOD BEHAVIOUR.

This surety, as far as respects the taking, superseding and discharging it, is similar to surety for the peace.

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The stat. 34 Edw. III. c. 1, impowers justices to bind over to their good behaviour all persons of evil fame, which being words of comprehensiye meaning, much is left to the discretion of magistrates; but it has been held that this surety may be taken for causes of scandal, contra bonos mores, as well as contra pacem, for scandalous words spoken of the government, or in abuse of officers of justice. -It be demanded of eaves-droppers, persons keeping suspicious company, suspected pilferers or robbers, night-walkers, whoremongers, putative fathers of bastards, cheats, idle vagabonds or other persons whose conduct may reasonably bring them within the scope of the statute; but if the justice commits for want of sureties, he must distinctly state the cause, and take care that he is warranted by the act in so doing. 1 H. P. C. c. 61.-A recog nizance for good behaviour may be forfeited by the same means as a recognizance for the peace; and

by some others, as by going armed to the terror of the people, by seditious words, or by committing any of those acts of misbehaviour which the recognizance is intended to prevent.

Warrant for the Peace or Good Behaviour in the King's Name. George III. by the Grace of God of the United Kingdom of Great-Britain and Ireland King, Defender of the Faith, to our Sheriff of our county of to the Constable of the hundred of in the said county, to the Petty Constables of the town of in the said county, and to all and singular our Bailiffs and other Ministers in the said county, as well within Liberties as without, greeting.

to wit. Forasmuch as A. B. of in the said county, yeoman, hath personally come before S. P. Esq. one of our justices assigned to keep the peace within the said county, and hath taken his corporal oath that he the said A. B. is afraid that C. D. of in the said county, yeoman, will beat [wound, maim or kill] him the said A. B. and hath thereupon prayed surety of the peace against him the said C. D. [or, if for the good behaviour, hath taken his corporal oath that C. D. of

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in the said county, yeoman, hath threatened to beat him the said A. B.; or, to burn the house of him the said A. B.; and hath thereupon prayed surety for the good behaviour of the said C. D.] Therefore we command and charge you, jointly and severally, that immediately upon the receipt hereof you bring him the said C. D. before the said S. P. Esq. to find sufficient surety and mainprize, as well for his personal appearance at the next general quarter sessions of our peace to be holden at or elsewhere, in and for the said county, as also for our peace in the mean time to be kept towards us and all our liege people, and chiefly towards the said A. B.; that is to say, that he the said C. D. shall not do, nor by any means procure or cause to be done any of the said evils to any of our said people, and especially to the said A. B. [or, if for the good behaviour, as also for his good behaviour in the mean time towards us and all our liege people, especially towards him the said A. B.] Witness the said S. P. Esq. at in the said county, the day of, in the 57th year of our reign. EEE

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