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Surety for the Peace.
the peace: so of Servants and Laborers that shall bear any Weapons
contrary
to the Statute of 12 R. 2. Vide antea, tit. Armour. |
Chap. 115. |
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6. Also he may bind to the Peace any other
person, to whom suspected
to be inclined to the breach of the peace. |
9 Ed. 4. 3.
P. R. 4. |
Constable. |
7. If (out of the presence of the Justice
of peace) any man shall threaten
to kill, maim or beat another, or do attempt or go about to do it:
then any Constable, being present, may arrest such Offender, to come before
a Justice of peace, to find Sureties for the peace, and the Justice may
bind him to the peace. |
Crom. 135
and 141.
P. R. 22.
Fs. Bar.
201. |
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8. If any Constable shall perceive any other
persons in his presence to
be about to break the peace, either by drawing weapons, or by striking
or assaulting one another, or by assaulting the Constable himself; he may
take assistance, and carry them all before the Justice, to find Sureties
for
the peace, and the Justice may bind them. |
1 H. 7. 7. |
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9. If the Constable shall learn, that certain
persons be fighting or quarrelling
in a house, he may break open the doors, and arrest them, and
carry them before a Justice of peace, to find Surety of the peace:
and
the Justice may bind them. |
P. R. 22. |
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10. Yea, the Justice of peace (either upon
his own discretion, or upon
any man's complaint) may make his Warrant for any such as have made an
affray (though out of his presence) and may bind them to the peace.
Vide
antea, tit. Affray. |
See Br.
Peace, at
21 Affray. |
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11. If one hath received a wound, it seemeth
the Justice of peace may
take Surety of the peace of the one and the other, (by his discretion)
until
the wound be cured and the malice be over. Popham, late
Lord Chief
Justice of England (an honourable and grave Judge) did accordingly
between
James and Benton, at Cambridge Assizes, 3 Jac. |
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12. All such as shall go or ride armed (offensively)
in Fairs, Markets
or else where; or shall wear or carry any Guns, Dags or Pistol charged;
it
seemeth any Constable, seeing this, may arrest them, and carry them before
the Justice of peace, and the Justice may bind them to the Peace; yea,
though those persons were so armed or weaponed for their defence upon
any private quarrel, &c. for they might have had the peace against
the other
persons: and besides, it striketh a fear and terrour into the Kings
Subjects. |
2 E. 3. c. 3.
Commission. |
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See more hic antea, tit. Affray and Armour. |
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13. Also the Justice of peace (upon his discretion)
may bind to the
Peace a common Barrettor. Vide tit. Barrettor. |
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14. So of Rioters. Vide tit. Rioters,
& Lamb. 79. |
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§. 4.
New sureties. |
15. He that standeth bound to keep the Peace,
if he hath broken (or
forfeited) his Recognizance by breach of the peace, the Justice of peace
may and ought of discretion to bind him anew, and by better Sureties,
for the safety of the person in danger; but yet, by good opinions, that
must not be done, until the party be convicted of the breach of the peace
upon his Recognizance; for before his conviction it resteth indifferent
whether the Recognizance be forfeited or no: but after that he is
thereof
convicted, and that the Forfeiture be levied, the Recognizance is then
utterly determined; and then he is to be compelled to find new Surety,
or else to be sent to the Gaol. |
21 E. 4. 40.
Br. Peac
17.
Lamb. 117
Crom. 142. |
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So it seemeth, thought the Forfeiture be not levied,
yet if the Party be
convict for breaking the peace, he shall be bound of new. Cromp.
141. and
Br. Recog. 21. |
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16. Also he that standeth bound to keep the
peace, if his Sureties be
insufficient, the same Justice, or another Justice of peace, may compel
him to find better Sureties. |
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