SURETY OF § 3THE juftice of peace, upon his own difcretion, as well as upon any man's complaint, may bind those to the peace who THE PEACE have made an affray, though out of his prefence ". IF the fureties of any one who is bound to keep the peace be infufficient, the fame, or any other juftice of peace, may command him to find new fureties, and may fend him to prifon till he do so. A JUSTICE of peace may perfuade a man to require the furety of peace against another, and he himself may grant a warrant for it; because it is no more than he might have granted of his own authority without any demand made, and it fhall be prefumed that he faw caufe to do all this c. ANY juftice of peace may command this furety of the Who may peace, and grant his warrant for it upon the complaint of demand it, any perfon "threatened, or fearing to be wronged 4." All perfons whatever under the king's protection, being of fane memory, and equally whether natives or aliens, excommunicated or attainted of treason, have a right to demand furety of the peace. A wife may demand it against her husband, threatening to beat her outrageoufly, and a husband may have it against his wife ; who, if the cannot find fureties, must be committed;" and fo," obferves Crompton, "a "man may be rid of a fcold f." This fecurity, according to whom may Dalton, may be granted to a perfon at the age of fourteen, he grant it. but neither to one of non fane memory, at his own request; nor against him . Against THIS furety may be obtained against any perfon found in Against a Dalt. c. 116. b Ibid. Ibid. e1 Hawk. 126. Burn (Surety of the peace. f Crom. 118. $ C. 117. whom § 3. SURETY OF Surety for the peace. mind, magiftrate or private perfon, whether he be of full THE PEACE age or under age. But perfons under age, and married women, ought to find fecurity by their friends, and not be bound themselves. Surety of the peace may be granted against the sheriff, coroner, and other fuch officers of justice; Against a who fhould not, however, it is said, be bound versus cun&um populum, but to thofe only who demand it; left otherwise it fhould argue them unworthy of their offices. Sheriff. Against a justice of peace. Oath necef fary. If fear of other than corporal hurt will do A JUSTICE of peace may grant this furety to any man against one of his fellow juftices, though great discretion is here to be used. "Yea," fays Dalton, "a juftice of peace, upon demand, may grant this furety against his own wife; "and yet he and his wife are but one person in law," THE party must fwear that he is afraid (to use the expreffion of the statute) of being wronged, and that he does not require the furety out of malice. THE commiffion appears to have in view corporal hurt, as by killing or beating, or the firing of their houses. But the more approved opinion is, that this furety may be demanded on the ground of threats of imprisonment, which may be confidered as an affault and injury done to the perfond: for though one wrongfully imprisoned may no doubt afterwards recover damages, yet fo may he who is wrongfully beaten. This circumftance no more fuperfedes the neceffity of furety of the peace in the one cafe than in the other. It is no ground for demanding this furety that a man is at variance, or has a fuit with his neighbour . A MAN is intitled to demand this furety, who is afraid of a Dalt. c. 117. b Ibid. Ibid. d Burn, ad vocem, 1 Hawk. 127. Burns. f Dalton, c. 116. § 3. SURETY OF hurt (if not to himself perfonally, yet) to his wife or children; but (according to the English writers) not where he is THE PEACE afraid of hurt or injury only to his fervants or cattle, or Is fear of other goods. But the broader expreflion of our ftatute hurt to ferseems to include thofe kinds of damage alfo; that dreaded vants or to our goods or cattle at least, be the law with refpect to fer- fon for obvants what it may. cattle a rea taining it. It is the fear of fome present or future injury that intitles It must be one to demand furety of the peace; which is intended for prefent fear. the relief of those only who are in fear. If the injury has actually been committed, it is too late to apply for this remedy; redrefs must then be obtained by the punishment of the delinquent, who may be bound over to ftand trial. THIS furety may be commanded either by word or by Manner of writing, taking it. A JUSTICE of peace may, by word, command any man to By word. find fureties for the peace, who, in his prefence and hearing, threatens another; or makes an affray or affault on another, or is guilty of any thing tending to a breach of the peace; or who happens to be in the perfonal prefence of the juftice when a third party swears the peace against him". In these cafes, the juftice may (by word only) command the conftable, or any other known officer, or his own fervant, being then prefent, to arrest such party, to find fureties for the peace, and to take him into his or their cuftody, 2 Burn, Surety of the peace. "The "mafters, and the fervant's own "reason why a man may not have "oath before the juftice is necella. "fureties of the peace against an"ry." "other, for that he feareth he will "do harm to his fervants, feemeth to "be, because it should be the fer#vant's fear in fuch cafe and not the b Dalt. c. 116. c Ibid. c. 118. 63. &c. and if the party shall refuse to find fuch fureties, then THE PEACE the juftice of peace may commit him to the gaol. SURETY OF By writ. Offer of fureties. When new BUT the juftice must make his warrant or precepts in writing, if the party be abfent against whom this furety of the peace is demanded; for a justice of peace cannot, by words only, fend for, or command, any man, who is not in his prefence, to be arrested, or brought before him, or to be imprisoned ". THE precept or warrant in writing, fubfcribed by the justice, must be directed to some officer, or other indifferent perfon, and muft contain the cause for which, and at whofe fuit, it is granted, to the intent the party to be bound may provide his fureties, and take them with him. THE warrant may direct the party to be brought before either the fame or any other justice, or before the granter of it alone, who may be supposed beft acquainted with the circumstances of the cafe, and fitteft to do what is right. WHEN the party comes before the juftice, he must offer fureties, otherwife the juftice may commit him; for the juf tice needeth not to demand furety of him. NEW fureties may be required, if the former prove infuffureties may ficient; but not, it is faid, if they die; their representatives continuing liable f. be demand ed. In the cafe of the death ONE convicted by due courfe of law of breaking a bond to of the fure-keep the peace, may, at the difcretion of the juftice, be ty? bound anew 8. a Dalt. c. 118. b Ibid. Burn, Surety of the peace. e Appendix II. d Burn, ibid. Dalt, ibid. e Dalt. c. 118, 169. 1 Dalt. c. 116, 119. & Lambard, b. ii, c. 2. THE regular form of a recognizance is to bind the party §3. SURETY OT to appear at the next feffions of the peace; and in the THE PEACE meantime to keep the peace as to the king and all his lieges, especially as to the complaining party 2. THE bond muft contain the name, place of abode, and trade and calling, both of principal and fureties, and the fums in which they are bound b; and it is moft commonly fubject to a condition, which is either indorsed or underwritten, or contained within the body of it, upon the performance of which the recognizance fhall be void. Form of the bond or recognizance. If the bond does not mention that it is for the preferva- Muft bear tion of the peace, it is void, as coram non judice; justices not to be for the peace. having authority to take recognizances generally, but for matters only which concern their office 4. keeping the peace. If the recognizance be, that the party bound fhall not Must be for beat nor maim, it is not good; because the peace may be broken by burning, or other acts of violence . may a keep the peace. THE period for which the bond may be taken is difcre- How long tionary, either shorter or longer, according to circumstances; perfon be one year, or more; or fometimes, on urgent occafions, even bound to for life. The juftice may exact furety for life, either of his own motion or upon complaint. But fuch furety, which the justice cannot afterwards release, ought not to be exacted without due deliberation and good caufe; as if the of fender be known to be a common rioter, or otherwife a dangerous perfon. But it feems to be agreed that it may be How dif discharged by the death or demife of the king, in whofe charged. reign it was taken; or of the principal party who was bound |