Page images
PDF
EPUB

he shorthe sess sufficient

Sureties of the peace may be required from any person whatsoever under the degree of nobility ; but infants and married women ought to find security by their friends, and not to be bound themselves16. $ 5.

When the articles are exhibited before a justice of the peace, the party, if present, may be inmediately committed, unless he offer sureties ; but if he be absent, the justice cannot commit him for not finding security, until he has been required, and has refused to do so; and the warrant in that case must shew the cause for which it is granted, and at whose suit.—1 Haw., c. 60, $ 9; Rex v. Wilks, Ib. 5.

The proper course in such a case would be for the justice to take the information on oath, of the party complaining, with a statement of the particular facts or menaces that induce the complainant to fear some injury to himself or property: upon which the justice may issue his warrant for bringing the party before him ; upon his being brought before him, he may then either bind him over with sufficient sureties to keep the peace, or to appear at the sessions. If bound over to appear at the sessions, he should also be bound to keep the peace in the meantime towards the party complaining, and this is the common form of the precedent. 1 Haw., c. 60, $ 16. It is better, however, for justices to bind over the parties to keep the peace a reasonable time, to be stipulated in the recognizance, rather than to appear at the sessions, where the offender would be obliged to find fresh security, without any new offence being alleged; and for non-appearance his recognizance would be forfeited, except reasonable cause shewn, by sickness or otherwise ; and this opinion is corroborated by a recent decision in the Court of Queen's Bench, which determines that a justice of the peace is authorised to take surety for the peace for a limited time, (e.g., two years,) according to his discretion, and that he need not bind the party over to the next sessions. 2 B. & A. 278.

A warrant for the peace must be executed by the person only to whom it is directed, who is authorised to break open any door on being refused admittance and stating the cause of his coming.–2 Haw., c. 14, § 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, § 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

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 other, their executors or administrators being liable.

The recognizance 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, $ 23, 24.

If the recognizance is made to keep the peace generally, it shall be deemed to be during the party's life; and as such recognizance cannot be discharged, it should not be so granted on slight grounds.Dalt., c. 119, 120. But it is discharged upon the death of the Queen, or of the principal.

-1 Haw., c. 60, § 17. And it has been held that the recognizance may be discharged on the release of the complaining party.-16.

If the recognizance is to keep the peace towards the Queen and all her 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.–See also post title “ Surety for good Behaviour.Information to require Surety of the Peace and good behaviour.

PROVINCE OF CANADA : County of ,] The information and complaint of A. B., of

to wit. ) , taken on oath before me, the undersigned, one of her Majesty's justices of the peace in and for the said county of at in the said county this day of

, 18 who saith that C. D., of , yeoman, did, on the

day of threaten the said A. B., in the words, or to the effect following, that is to say, (Set them out with the circumstances under which they were used) and that from the above and other threats used by the said C. D. towards the said A. B., he, the

Wagner

said A. B., is afraid that the said C. D. will do him some bodily harm, and therefore prays that the said C. D. may be required to find sufficient sureties to keep the peace and be of good behaviour towards him, the said A. B. And the said A. B. also saith, that he doth not make this complaint against, nor require such sureties from the said C. D., from any malice or ill will, but merely for the preservation of his person from injury. Sworn before &c.

A. B. Warrant thereon. PROVINCE OF Canada: County of , To the constable of , in the County of

to wit. Whereas A. B., of , yeoman, hath on this day of personally come before me, J. C., Esq., one of her Majesty's justices of the peace in and for the said county, and hath this day made information and complaint upon oath that C. D., of

yeoman, did on the day of , at , threaten to beat, &c., (here follows the information) and that from the above and other threats used by the said C. D. towards the said A. B., he, the said A. B., is afraid that the said C. D. will do him some bodily harm, and hath therefore prayed of me the said justice, that the said C. D. may be required to find sufficient sureties to keep the peace and be of good behaviour towards him the said A. B. These are therefore to require you immediately upon sight hereof, to apprehend and bring the said C. D. before me, to find sufficient sureties as well for his appear. ance at the next general quarter sessions of the peace to be holden in and for the said county, then and there to answer to the premises, and to do and receive what shall be then and there enjoined him by the court, as also to kecp the peace and be of good behaviour towards her Majesty and all her liege people, and especially towards the said A. B. Given under my hand and seal, at , in the said county, the day of .

Condition of Recognizance to appear at the Sessions.

The condition of the within written recognizance is such, that if the within bounden C. D., of &c., shall appear at the next court of general or quarter sessions of the peace to be holden in and for the said county of , to do and receive what shall be then and there enjoined him by the court; and in the mean time shall keep the peace, and be of good behaviour towards her Majesty and all her liege people, and especially towards A. B. (of , &c.) for the term of, now next ensuing, then the said recognizance to be void, or otherwise to stand in full force and virtue.

out appearance at the Sessions. The condition of the above recognizance is such, that if the above bounden C. D. shall keep the peace, and be of good behaviour towards her Majesty and all her liege people, and especially towards A. B. of , for the space of one year, (or longer if need be,) then this recognizance to be void, or else to remain in full force and virtue.

Commitment for want of Sureties. PROVINCE OF CANADA : County of , To the constable of , and to the keeper of

to wit. I the common gaol of the said county at , in the said county.

Whereas, on the day of instant, complaint on oath was made before the undersigned, one of her Majesty's justices of the peace in and for the said county of , by A. B. of that C. D. of on the day of , at the township of

aforesaid, did &c., (follow to end of complaint as in form above), and whereas the said C. D. was this day brought and appeared before me the said justice, to answer unto the said complaint, and having been required by me to enter into his own recognizance in the sum of £ , with two sufficient sureties in the sum of £ each, as well for his appearance at the next general quarter sessions of the peace to be held in and for the said county of , to do what shall be then and there enjoined him by the court, as also in the meantime to keep the peace and be of good behaviour towards her Majesty and all her liege people, and especially towards the said A. B., and the said C. D. hath refused and neglected, (a) and refuses and neglects to find such sureties. These are therefore to command you the said constable of the township of , to take the said C. D. and him safely to convey to the common gaol at aforesaid, and there to deliver him to the keeper thereof, together with this precept; and I do hereby command you the said keeper of the said common gaol, to receive the said C. D. into your custody in the said gaol, there to imprison him until the said general quarter sessions of the peace, unless he in the meantime find sufficient sureties as well for his appearance at the said sessions as in the meantime to keep the peace as aforesaid. Given under my hand and seal this day of , in the year of our Lord, 18 , at in the county aforesaid.

J. P. (L.S.) The form of a Supersedeas to be used where the defendant

finds surety before the warrant is executed upon him. PROVINCE OF Canada : County of sy J. C. Esq., one of the justices of our lady

to wit: Š the Queen, assigned to keep the peace within the said county, to the sheriff of the said county, and to the constables and others, the faithful ministers and subjects of our

(c) A neglect or inability to find securities is the same as a refusal at law.

said lady the Queen within the said county, and to every of them, greeting.

Forasmuch as C, D., of , in the said county, yeoman, hath personally come before me at , in the said county, and hath found sufficient surety, that is to say, E. F., of yeoman, and E. H., of , yeoman, either of whom hath undertaken for the said C. D., under the pain of £20, and he, the said C. D. hath undertaken for himself, under the pain of £40, that he, the said C. D., shall personally appear at the next general quarter sessions of the peace to be holden in and for the said county, then and there to do and receive what shall be then and there enjoined him by the court, and in the meantime to keep the peace and be of good behaviour towards her Majesty and all her liege people, and especially towards A. B., of , therefore, I do command you and every of you, that you utterly forbear and do cease to arrest, take, imprison, or otherwise by any means, for the said cause, to molest the said C. D., and if you have for the said occasion and for none other taken and imprisoned him the said C. D., that then him you deliver or cause to be delivered and set at liberty without further delay. Given under my hand and seal, this day of , &c. . Release of the Surety for the Peace, fc.

Province of Canada : County of sl Be it remembered, that A. B., of , in

to wit. I said county, yeoman, on the day of , in the year of the reign of our sovereign lady Victoria, came before me, J. C., Esq., one of the justices of our said lady the Queen assigned to keep the peace within the said county, and there remised and freely released to C. D., of , in the said county, yeoman, the surety of the peace and good behaviour by him the said A. B. before me prayed against the said C. D.

Given under my hand and seal, the day of in the year of our Lord, 18 .

Or, if it is before another Justice, then sayThe surety of the peace and good behaviour which he has against C. D. of , in the said county, yeoman. Given, &c.

Discharge of one Committed for want of Sureties. PROVINCE OF Canada : County of D J. C., Esq., one of the justices of our lady

10 wit. S the Queen assigned to keep the peace in the county of to the keeper of her Majesty's common goal at in the said county, greeting.

Forasmuch as C. D., in the prison of our said lady the Queen, in your custody now being, at the suit of A. B., of , in the said county yeoman, for the want of his finding sufficient

« PreviousContinue »