페이지 이미지
PDF
ePub

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 recogs nizance may be forfeited by doing any actual violence to the person of another, or causing it to be done by bis instigation. Dalt. c. 121.--A justifiable assault is no forfeiture. I 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 sessions. 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.

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 comprehensive 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 may

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.

[ocr errors]

HOC

Warrant for the Peace or Good Behaviour in the King's Name.
George III. by the Grace of God of the United Kingdom of

سن لیا۔

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. Ď. of

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 tbe 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 reiga.

Е Е Е

HE

12

tái

:-}'

Warrant for the Peace of Good Behaviour in the name of the

Justice.

S.P. Esq. one of the justices of our Lord the King, assigned to

keep the peace within the county of — to the Sheriff of the said coupty, to the High Constable of — in the said county, to the Petty Constables of in the said county, and to all other the Ministers and Officers of our said Lord the King within the said county, and to every of them, greeting

to wit. Forasmuch as A. B. of the parish of in the said county, gent. hath personally come before me and hath taken his corporal oath that he the said A. B. is afraid that C. D. of the parish of in the said county, yeoman, will beat him (or, wound, maim, kill, or do to him some bodily hort), and hath therefore prayed surety of the peace against him the said C. Đ. [or, if for the good behaviour, that C. D. of the parish of in the said county, yeoman, hath threatened to do some bodily hurt to him the said A.B.; or, to burn the house of him the said A. B, and hath therefore prayed surety for the good behaviour against him the said C. D.) These are therefore on the behalf and in the name of our said Lord the King, to command you, jointly and severally, that immediately upon the receipt hereof you bring the said €. D. before me, to find surety as well for his personal appearance at the next general quarter sessions of the peace to be holden at - in and for the said county, as also for his keeping the peace (or, for his being of the good behaviour] in the mean time towards the king and all the liege people, and chiefly towards the said A. B. Given under

my
hand and seal,

at in the said county, the

day of - in the 57th year of the reign of our said Lord George III. of the United Kingdom of Great Britain and Ireland King, Defender of the Faith.

S. P.

Another Warrant for the Peace or Good Behaviour. To the Constables of the town of in the county of

and to either of them.

to wit. Forasmuch as A. B. the wife of C. B. of your aid town, labourer, hath required surety of the peace cor, of ve good behaviour), before me S. P. Esq. one of the justices four Lord the King, assigned to keep the peace within the id county, against E. F. of your said town, butcher, and hal hath taken her corporal oath before me, that she rereth the same not for any private malice, hatred or evil

but because she is afraid that he the said E. F. will do to ut some bodily mischief, (or as the case shall be; aud if it be for the good behaviour, then add, and that he the said E. F. hath threatened to do some bodily mischief to her the said A. B.] These are therefore in the name of our said Lord the King, to charge and command you that immediately upon sight hereof you or one of you do bring the said E. F. before me to find sufficient sureties, as well for his personal appearance at the next general quarter sessions of the peace to be holden in and for the said county, as also that he the said E. F. shall in the mean time keep the peace (or, be of the good behaviour), as well towards our said Lord the King as towards all his liege people, and especially towards the said A. B. Dated

in the said county, the - day of in the 57th year of the reign of our said Lord George III. of the United Kingdom of Great-Britain and Ireland King, Defender of the Faith,

at

S. P.

to wit.

Another Warrant for the Peace or Good Behaviour.
To the Constable of in the county of

Forasmuch as A. B. of the parish of in the county aforesaid, yeoman, hath personally come before me S. P. Esg. one of the justices of our said Lord the King, assigned to keep the peace within the said county, and hath taken his corporal oath that C. D. of the parish of aforesaid in

E E E 2

« 이전계속 »