a certificate to the Sessions, on motion, setting forth that the object of the indictment or presentment has been accomplished. Many con❤ siderations enter into the subject of these certificates, as they affect the duty of the Justices in Session. After first observing, that giving a false certificate is an indictable offence, it is necessary to see how, and by whom, they are to be given. The great object is to convince the court that the purpose of the prosecution has been obtained, and no specific rule is laid down by what medium that shall be accomplished. It has long been the practice for two neigh- Personal view by Jusbouring Justices to take a personal view, and grant a certificate thereon, and this may be the better method; but there seems no reason why the court may not, when this method is found impracticable or inconvenient, be satisfied by other evidence. In the latter case, however, By other it is an universal rule, that if the testimony of persons. persons, not being Justices for the district or division, be accepted, that they shall be present in person, in order to be subject to cross examination, and that they shall be upon oath.† tices. It is no excuse for the inhabitants of a parish Certificate being indicted at common law, that they have to be ample. done all that is required by statute, for the statutes are only in affirmance and aid of the * 6 Term. R. 619. 7.4 +Ibid. commou law; and therefore it follows that the certificate of repair must be governed by the same consideration, and be ample as to the And repair state of repair.* Nor shall the defendants be complete. discharged by submitting to a fine, for a destringos shall go ad infinitum till they sufficiently repair.t Peace, 3. THE PEACE OR GOOD-BEHAVIOUR.—It has been contended that a recognizance taken by a single Justice to keep the peace, or be of good behaviour, for any certain period, or for life, or without expressing any specific time, and without fixing any certain period for the offender's appearance, and without binding him to keep the peace to all the King's subjects in general, as well as to the person making the complaint, is legal and sufficient; and in former times, such appears to have been a common practice; but it has of late been the more usual, and considered as the better way, to bind the party, against whom the peace is required, to appear at the next Session of the Peace, and in the mean time to keep the peace to the King and all his liege people, especially to the party claiming the security; and though the recog nizance for keeping the peace should be removed by certiorari, it is no discharge of the obligation to appear.§ This is, according to the style of all the modern precedents, and seems founded in justice and propriety, notwithstanding the objection that has been urged against it.* The person bound then being now called Discharge by Procla upon his recognizance before the Justices in mation. Session,-the Court may make proclamation, that "if any man can show cause why the peace granted against such a one shall be continued, he shall speak;" and if no person come to demand the peace against him, or to shew cause why it should be continued, then the court may discharge him,† But if a man be bound as aforesaid, and especially to keep the peace towards a certain person, then, though such person come not to desire the peace may be continued, yet the * It has been said, that, if the offender be a dangerous person, the binding him only to the next Session, is insufficient security; and if he be then called upon anew to give a security for further keeping the peace on account of the original offence, it is punishing a person twice for one offence. First, it may be answered, that finding sureties of the peace, is merely a proceeding of precaution against the future, and not a punishment for the past, although it be true that breaches already committed, form the ground of apprehension for the future, Secondly, even if it be taken in the light of a punishment, it is likely rather to be diminished than augmented by this practice; because it gives the prosecutor the option of being satisfied with a security of shorter duration than would otherwise have been required. + Dalt, 120. Farther binding by exhibition Court by their discretion may bind him over till the next Session, and that may be to keep the peace against that person only, if they shall think good; for it may be, that the person who first craved the peace is sick, or otherwise prevented, so as he cannot come to that Session to demand the continuance of the peace further. If he appear, however, he may there move the Court to receive articles of the peace of articles. against the offender, (with which articles, ready drawn on parchment, he should come prepared, in order that they may be delivered to the Clerk of the Peace) and further to bind him by recognizance to the next Session:and so on from Session to Session, so long as he shall be able to make it appear his apprehensions continue. And here let it be observed, that a party requiring surety of the peace (whether it be in the first instance before a single Justice for immediate security, or by exhibiting articles before the Justices in Session, Swears only on account of continued apprehension) swears only to his own fears, of which no other person apprehension. can be an adequate judge; from which it has been deduced by the judges, in many cases, as a general rule, that articles of the peace cannot be resisted on any ground, except by shewing direct evidence of express malice; such as declarations to that effect; but not inferred malice, collected from general reasoning or collateral circumstances; and moreover, that where to his own ever particular facts of violence are stated by the complainant, it is not permitted for the defendant to controvert them; for they must be taken to be true, til negatived through the medium of an appropriate prosecution.* Sessions as And the practice of Courts of Quarter Ses-Practice of sions is to continue a recognizance for keeping to continuthe peace, from Session to Session, until it be ance of discharged:† That of the Court of King's Bench is to continue the person bound to keep the peace upon his recognizance for twelve months; and if no indictment be in the interim preferred against him, to discharge it at the expiration of that time. binding. This seems likewise to be the practice of the Of R. B. & Court of Chancery; for upon a motion to dis- chancery. charge a writ of supplicavit, it was said by Lord Macclesfield chancellor, " the application is too early; let the party stay till a year be expired, and in the mean time let him take care to behave peaceably."§ And if a man be bound to the peace during his life (which, as we have already seen, a Justice in his discretion, and upon sufficient * 13 East's R. 171.-See the whole doctrine on this subject, much at length.-Pract. Expos, Title, PEACE, SURETY FOR, sect. 1. + 4 Bac. Ab. + 2 Str. 335. § 2 Peere Wil. R, 202. |