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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.

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 recog-
nizance 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 bath 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

- 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 sprety and mainprize, as well for his personal ap-

pearance 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 to-

wards 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.

. E E E

Warrant for the Peace or 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 county, 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. i.

,

ime to wit. Foras much 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 bodiy hort), and hath therefore prayed surety of the peace against him the said C. D. [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 praved 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 C. 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 said town, labourer, hath required surety of the peace [or, of the good behaviour), before me S. P. Esq. one of the justices of our Lord the King, assigned to keep the peace within the said county, against E. F. of your said town, butcher, and withal hath taken her corporal oath before me, that she requireth the same not for any private malice, hatred or evil will, but because she is afraid that he the said E. F. will do to her 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 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 of Good Behaviour.
To the Constable of in the county of

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

the county aforesaid, yeoman, hath assaulted, beaten and wounded him the said A. B. and further hath threatened him concerning his body, inasmuch that he the said A. B. is afraid that the said C. D. will beat, wound, maim or kill him the said A. B. or do to him some other bodily harm; and thereupon he the said A. B. hath prayed security of the peace (or, of the good behaviour] to be had or granted to him against the said C.D. These are therefore to require you, in the name of our said Lord the King, immediately upon sight hereof to bring the said C.D. before me to find sufficient sureties for his personal appearance at the next general quarter sessions of the peace to be holden in and for the said county, then and there to answer the premises, and in the mean tiine that he the said C. D. do keep the peace (or, shall be of the good behaviour] towards our said Lord the King and all his liege people, and especially 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 Faitli.

S. P.

Wartant for Good Behaviour, on 34 Edward III. c. I.

J. C. and S. P. Esquires, justices of our Lord the King as.

signed to keep the peace within the county of — to the Sheriff of the said county, to the Constable of the hundred of in the said county, to the Petty Constable of the town of - in the said county, and to all and singular the Bailiffs, Constables and other Officers of our said Lord the King, in the said county, as well within Liberties as without, greeting.

to wit. Forasmuch as we are given to understand by the information, testimony and complaint of many credible persons, that A. B. of - in the county aforesaid, yeoman, and C. D. of the same place, yeoman, are not of good name and fame nor of honest conversation, but evil doers, rioters, barrators and disturbers of the peace of our said Lord the King, so that murder, homicide, strifes, discords and other grievances and damages amongst the liege subjects of our said Lord the

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