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shall extend to all public stores whatsoever, having thereon or therein the marks usually employed to denote the public stores, under the care, superintendance or control of any officer or person in His Majesty's service, or employed in any public department or office; and to all persons not authorized by the proper officer using any such marks in the said acts specified; and to all persons in whose custody, possession or keeping any such goods or stores so marked shall be found, and to all persons who shall deface or obliterate any of the said marks. s. 2.
A summons is the usual process issued by justices to procure the attendance of a person accused, where the offence is between party and party, and pot of an aggravated nature; but where the offence is of a higher nature, as felony, breach of the peace, &c. and in cases where the King is a party, it is proper to issue a warrant in the first instance. In petty assaults, though justices are authorized to issue a warrant on complaint, on oath of the party, yet a summons is more adviseable, as in many cases it is found that there is little or no pretence for the accusation. A summons may either be directed to the party, or to a constable, requiring him to summon or give notice to the party; but it is better in either case that a copy of the summons should be
served upon or left at the place of residence of the accused; it is not only convenient, but seems expedient that the justice should fix the time of the day when the party should attend; for though the accused is bound (if the summons is to attend a petty sessions,) to wait until the magistrates can attend to the complaint, yet it is reasonable to appoint a time when the complaint can probably be heard. In general a summons may be granted without the oath of the complaining party, but in some cases the oath is indispensible, as in complaints between masters and servants, &c. and in all cases where so directed by statute, and if the complaint is on oath, it should be so stated in the summons.
Summons directed to the Constable, with his Return. To the Constable of the parish of — in the county of —
· -- to wit. You are hereby required, on sight hereof, to summon and warn A. B. of your said parish, personally to be and appear before me S. P. Esq. or such other of His Majesty's justices of the peace for the said county of , as shall be present at in the said county, on the --- day of
at o'clock in the noon, then and there to answer to the complaint and information of C. D. (state the complaint.) And you the said constable are then and there to appear and make your return of your due execution hereof. Herein fail not at your peril.
Given under my hand and seal, this day of — , in the year of our Lord 1817.
, S. P.
The within named A. B. was duly summoned to appear and answer as he is within required, on ---, the day of — by me,
E. F. Constable.
Summons when Complaint is on Oath.
to wit. Whereas complaint and information have been made upon oath before me S. P. Esq. one of His Majesty's justices of the peace for the said county, by C. D, of — , that A B. (state the complaint). These are therefore to command you forthwith to summon the said A. B. to appear before me or such other of His Majesty's justices of the peace for the said county, as shall be present at — in the said county, on
the day of ---, at -- o'clock in the noon, then and there to answer to the said complaint and information, made by the said C. D. who is likewise directed to be present to make good the same. Herein fail not.
Given under my haud and seal, this -~ day of in the year of our Lord 1817.
· Summons for a Witness to be examined.
To the Constable of - to wit. Whereas information hath been made before me S. P. Esq. one of His Majesty's justices of the peace in and for the said county, that ( state the complaint,) and that A. B. of &c. is a material witness to be examined concerning the same. These are therefore to require you to summon the said A. B. to appear before me, at -- in the said county, on
the day of , at the hour of in the — noon of the same day, to testify the truth according to the best of his knowledge concerning the premises. Given under my hand and seal, this day of — , 1817.
SURETY FOR THE PEACE. Every justice of the peace may take surety for the peace; any person may demand surety for the peace, who has reasonable ground to fear receiving corporal hurt from another. i 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. I Haw. c. 60, s.9.-5 C0.59.
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 supersedcas. 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 otber; 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. i 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