| Chap. 119 |
Surety for the Peace.
do oftentimes procure themselves to be bound to the Peace or Good behaviour,
in the Chancery or King's Bench, upon insufficient Sureties,
or upon
colourable prosecution of some person, who will be ready at all times to
release them at their own pleasure; whereupon his Majesties Writ of Supersedeas
is often directed to the Justices of Peace, &c. requiring them
to
forbear to arrest or imprison the parties for the causes aforesaid; by
means
whereof the said contentious persons do greatly disturb their Neighbours,
and affront the Justices of Peace, to the evil example of others; therefore
it is enacted by the Statute made 21 Jac. cap. 8. That all
Writs of Supersedeas
to be granted by or out of either of the said Courts of Chancery
or
King's Bench shall be void; unless such Process be granted upon
motion
in open Court, and upon such sufficient Surety as shall appear unto the
Court, upon Oath, to be assessed at 5 l. Lands, or 10 l. in
Goods in the
Subsidy book at least, &c. And unless it shall also appear first
unto the said
Court, that the Process of Peace or Good-behaviour is prosecuted against
him or them, desiring such Supersedeas, bona fide, by some party
grieved,
in that Court out of which Supersedeas is desired to be so awarded
and directed. |
275 |
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" Mes coment le Supersedeas serra void per ascun
defects on reasons
" advantdits, uncore les Justices de Peace en Pais doyent surceaser sur
delivery
" de ces al aux. |
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" Si garrant pro pace soit grant vers un que
ne osa appeare al Sessions
" pur feare de auter arrest, &c. son remedy poit estre in deux manners. |
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1. Devant que soit lye per le Justic'
de Peace en pais, il poit doner Surety
pur les peace in le Chancery ou in Banco Regis, & dilonques avera Supersedeas
ut supra. Et donque il ne serra lye per les Justic' de Peace. |
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2. Apres que est lye per les Justic' de
P. en pais, semble n' ad auter remedie,
mes daver Certiorari (hors del Chancery ou Banco Regis) de remover la Recognisance
prise per le Justic' de Peace, &c.
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CHAP. CXIX.
Now concerning the Recognisance for the Peace.
THis Recognisance which the Justice of Peace taketh
for the keeping
of the Peace is rather of congruence than by any express authority
given them, Fitz. 82. a. 7 H. 4. 34. accord. |
§. 1.
Recognisance. |
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And this Recognisance for the Peace, if the Justice
of Peace doth take
it by force of the Writ of Supplicavit, then he ought to execute
it, and to
do in all things as the Writ directeth him. But where such Writ prescribeth
not the sum, &c. or such like, that resteth in his own discretion. |
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| Lamb. 103. |
But if he taketh the Recognisance ex officio,
and by force of the Commission,
(and so as a Judge, and not as a Minister) then it resteth in the
discretion of the same Justice of Peace wholly to appoint and allow the
number of Sureties, their sufficiency in Goods or Lands, the sum of money
wherein they shall be bound, and to limit the time how long the party
shall be bound, and such other Circumstances. |
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| 7 H. 4. 34 |
In the Book 7 H. 4. f. 34. a. you
shall find the Principal to be bound in
1000 l. and four Sureties, every of them in one thousand Marks before
Justice of Peace, and for the keeping of the Peace. |
§. 2.
Sureties
and sum. |
| R. I. 83. 18. |
Quære, If a Justice of Peace may not
examine upon their Oaths the
Sureties concerning their sufficiency; it seemeth to be the usage in the
Courts at Westminster: and Mr. Crompton saith, That
the Justices of Peace
in their Sessions may do it, Cromp. 194. |
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