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Surety for the Peace.
then such Officer ought to be at the next Sessions of the peace, there
to deliver
in his said Warrant, and to certifie all that he did thereupon. |
Chap. 118. |
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But if the party shall yield to go and find Sureties,
then the Officer
may not absolutely arrest him; but yet the Officer is not bound to
go
up and down with the party, to find Sureties, but may keep the party
until he can procure Sureties to come to him: and if afterwards the
party
shall make any resistance, or shall offer to go his way, then the Officer
may arrest him, and by vertue of that Warrant may carry him to the
Gaol, and may also imprison him in the Stocks, until he can provide
aid
to carry him to the Gaol. |
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When the party cometh before the Justices of peace
by force of this
Warrant (or by force of any other like Warrant for the peace, Good
behaviour,
or a Riot, or the like) the party must offer Sureties to the Justice
of peace, or else the Justice may commit him to Prison; for the Justice
needeth not to demand Surety of him. |
14 H. 7.
Br. Peace,
7. &
Mainp. 35. |
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Also after that the party shall be brought before
the Justice, if before
him he shall refuse to find Sureties, the Officer, without any new
Warrant
or Commandment, may carry the party to Prison, and that by the
words of the first Warrant: and if he shall refuse thus to do,
that then, &c.
See the form of the Warrant. |
Co. 5. 50. |
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If the Officer do arrest the party, and do not carry
him before some
Justice of peace, to find Sureties, &c. or upon the refusal of
the party,
if the Officer shall arrest him, and do not carry him to the Gaol,
in both
these cases the Officer is punishable by the Justices of peace for
this neglect,
(by Indictment and Fine at their Sessions:) And also the party
arrested
may have his Action of false Imprisonment for the Arrest: for where
the
Officer doth not pursue the effect of his Warrant, his Warrant will
not
excuse him of that which he hath done, 21 H. 7. 23. a.
3
H. 7. fol. 3. b.
Brian & Br. Faux imp. 21. |
5 Ed. 4. 6.
P. R. 20. |
§. 5.
Dye or release. |
And if the party be imprisoned for default of Sureties,
and after he that
demanded the peace against him happen to dye, or shall release the peace,
it seemeth in these cases the Justice of peace may make his Liberate
or
Warrant for the deliver of such Prisoner; for after such death or release,
there seemeth no cause to continue the other in Prison. Also any
Justice
of peace may (upon the offer of such Prisoner) take Surety of him for the
peace, &c. and may thereupon deliver him. |
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It seemeth (by some Opinions) That if the party
imprisoned for not
finding Sureties hath a Suit depending in the Common-pleas, he may by
the course of that Court, by a Writ of Priviledge, be discharged of his
imprisonment, if the other party be not ready in the Court at the day of
the return of the Writ, to pray there new Sureties of the peace.
But
Quære, for it may be, he which demanded the Peace, hath no
notice of
the removing of his body, and then, how can he be ready in the Court of
Common-pleas at the day? and therefore it may seem a hard case so to
be defeated of this Surety. |
4 E. 4. 36.
2 H. 7. 20.
Br. Privileg.
35-52.
Lamb. 96. |
| §. 6. |
If the party hath gotten Sureties, then if the Warrant
proceed ex officio
(and not upon the Writ of Supplicavit) and be a general Warrant
(sc. to
come before me or some other Justice) the party may go before any other
Justice of peace to offer his Surety; yet he shall not inforce the
Officer to
travel to a Justice out of the Division or Limit where they be dwelling,
without good cause: Nay, it is at the election of the Officer (who
is the
minister of Justice) to carry the party attached to any other Justice of
peace
that he will: for it is more reason to give this election to the
Officer (who
in presumption of Law is a person indifferent, and is sworn to execute
his |
Co. 5. 59.
B. Fx. imp.
11.
B. peace 9. |
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