| Chap. 117. |
Surety for the Peace.
Office duly) then to give the election to the Delinquent himself, who
by
presumption will seek shifts, and weary the Officer; this hath been so
adjudged. |
273 |
Lam. 98 |
If the other Justice of Peace (before whom the party
so attached shall
come) shall refuse to accept and take such Surety, being offered to him,
this is punishable: for such Justice of Peace ought to take of him
such
Surety, and to bind him by Recognisance: but yet that must be done
in such sort, in all points, as the form of the former precept doth require:
and
thereupon the same other Justice of Peace (having so taken Surety for the
peace) may and ought, upon request, to make his Supersedeas to all
Officers,
and to other the Justices of Peace of the same County, and thereby
the said party shall be discharged from finding other Surety, and from
any other arrest for the same cause: But by such Supersedeas
the other Justice
cannot discharge the first Warrant of the first Justice, until the party
be bound indeed; nor can give any other day to the party to appear at any
other Sessions, &c. |
Refusing.
§. 7.
Supersed. by
a Justice of
Peace. |
|
Also a Justice of Peace of the County, by a Supersedeas,
cannot discharge
a Warrant awarded by his fellow Justice, by force of a Supplicavit to
him
directed out of the Chancery or King's Bench, to take the
Surety of the peace
of one resident in that County. |
|
|
Also when a man doth fear the Surety of the peace
will be demanded
against him in the Country, or doth hear that such a Warrant for the peace
is already granted out against him by a Justice of Peace; it seemeth in
either
of these cases, he may go and give Surety of the peace before any
other Justice of the Peace of the same County where he dwelleth, and thereupon
may have a Supersedeas from the Justice of Peace, &c.
But in such
case it is fit that such party be urged by such Justice to put in sufficient
Sureties, and that he be bound towards the King and all his people, and
to
appear at the next Sessions. |
|
Lam. 101. |
If any Officer, having a Warrant from a Justice
of Peace to arrest a man
to find Surety of the peace, shall receive a Supersedeas (out of
the Chancery)
or King's Bench, or from any Justice of the King's Bench, or
from any
Justice of Peace of that County, to discharge the same Surety of Peace,
and
you nevertheless will urge the party (by force of his Warrant) to find
(new)
Surety for the peace, the party may refuse to give it; and if he be arrested
or imprisoned for such refusal, he may have his Action of False Imprisonment
against such Officer; for such Supersedeas is a discharge of the
former
Precept or Warrant. |
|
|
The form of a Supersedeas granted by a Justice
of Peace. See postea,
tit. Warrants. |
|
| Lam. 59. |
And this Supersedeas is sufficient, though
it neither name the Sureties,
nor contain the sums wherein they are bound; but yet it is the better form
to express them both. See 2 H. 7. 1. |
|
F. N. Br. 81.
& 238. c. |
If the party shall mislike to be (or stand) bound
to the peace, by the
Justices of Peace in the Country, then may he (either before or after that
he is bound in the Country) go or send up to London, and there give
Surety
for the peace (either in the King's Bench, or in the Chancery;)
and thereupon
the party may have a Supersedeas (out of the Court where he hath
given such Surety) to restrain the Justices of Peace of the Country from
taking any Surety of the peace of him: and then the Justices of peace
of the Country after the receipt of such Supersedeas must forbear
to make
any Warrant for the peace against the party. And if any Justice of
Peace
have granted out any such Warrant against the said party, the said Justice
must make his Supersedeas to the Officers, thereby commanding them
to |
§. 8.
Supersed.
from above. |
|
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