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Surety for the Peace.
surcease to put his former Warrant in execution, and so to discharge
it, and
to discharge the party of an Arrest or Imprisonment thereupon.
See more
postea, sub hoc titulo. |
Chap. 117. |
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The form of a Supersedeas for the peace or
good-behaviour out of the
King's Bench. See lib. intr. 454. Quia invenit suffic'
securit' pacis nostræ quod
ipse se bene geret erga nos & cunctum populum, &c. |
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The form of a Supersedeas out of the Chancery
may be procured at any
time in the Vacation and out of Term, F. N. B. 236. a. |
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These Writs of Supersedeas from the Chancery
or King's Bench are commands
to the Justice of Peace to stray him from binding the said party to the
Peace, which otherwise he might not deny. |
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If the Justices of Peace shall not surcease after
a Supersedeas (out of the
Chancery or King's Bench) to them delivered, an Attachment
will lie against
him or them for such contempt, and, besides, they may be fined and inprisoned
for it. |
Lam. 102. |
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Yea, such a Supersedeas, coming out of those
High Courts to the Justices
of Peace, they ought thereupon to surcease, although such a Supersedeas
should be awarded against Law. |
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If such a Supersedeas shall be directed to
the Justices of Peace and Sheriff;
that Justice to whose hands it shall be delivered may keep it, and
may deliver the label to the party. |
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And in these and the like cases, the Justice of
Peace shall do well to send
to the next general Sessions of the Peace, as well the said Supersedeas
(if
it come to his hands) as also the Recognisance which he had formerly taken
of the party (if he have taken any) for peradventure the Recognisance
was forfeited before the Supersedeas was purchased; or if it were
not forfeited,
yet the Conusor is not indamaged thereby. |
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If the party shall procure such Supersedeas
(out of the Chancery or
King's Bench) after that he is bound (by Recognisance) before the
Justice
of the Peace to keep the peace, &c. and to appear at the next Sessions,
quære, whether the party sending (by his Servant) such Supersedeas
to the
Justice of Peace at the next Sessions, be thereby discharged of his appearance
there, the Recognisance also being certified thither by the Justice. |
Lam. 113,
116.
Cromp.
140. |
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It seemeth to some, this difference is to be holden
therein, sc. if the party
were bound, (before the Justice of Peace) to keep the peace against all
men, &c. and shall after procure such a Supersedeas, testifying
that he hath
found Surety in the Chancery, &c. against all men for ever,
and shall send
this to the Sessions, this shall discharge his appearance at the Sessions;
otherwise
if the Supersedeas shall testifie that he hath found Surety but
till
a certain day (which is after the next Sessions.) But yet it seemeth
safest
in both cases for the party to appear to save his Recognisance. See
to like
purpose the case in 28 H. 8. Dyer. f. 215. where a man being
arrested by the
Sheriff upon a Capias, found Sureties for his appearance at the
day, and
there came a Supersedeas to the Sheriff, and it was moved, whether
it were
necessary for the Defendant to appear, or not, to save his Bond; or that
his
Appearance or Surety were discharged by the Supersedeas: And
the opinion
of the Court was, That he ought to appear for the saving of his Bond.
Also the Precedents of Entries are, that the party bound did shew his Supersedeas
in Court, and prayed allowance thereof, and was thereupon discharged. |
28 H. 8.
Dyer. 25.
Cromp.
140.
Lib. latr.
453. |
| §. 9. |
But for that divers contentious persons (deservedly
fearing to be bound
to the Peace or Good-behaviour by the Justices of Peace in the Country) |
21 Jac. c. 1. |
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