| Chap. 120. |
Surety for the Peace.
If the Recognisance be to appear before the Justice
of peace within
forty days, next after the date or taking of the Recognisance, and before
the end of the forty days, a General Sessions of the peace shall be holden,
&c. The party now ought to appear at the same Sessions, Cromp.
123.
See the like matter, Br. Condition 2870. |
277 |
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Also if these words be in the Recognisance, sc.
That he shall appear
before the same Justice, &c. sociis suis, then must he appear,
at the next
Sessions. |
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Cromp.
147.
P. Just.
106. |
If the Recognisance be to appear at any other Sessions
after (and not
at the next Sessions) yet the Recognisance is good; and yet by the Statute
of 3 H. 7. c. 1. It is now Enacted, That every Recognisance
taken for the
peace, by the Justice of peace and Ex Officio, shall be certified
(sc. sent or
brought in) at the next Sessions of the peace, and there delivered to the
Custos Rotolorum, that the party so bound may be there called; whereby
it may seem that every Recognisance taken for the peace now ought to be,
to appear at the next Sessions. |
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| Lamb. 107. |
If the Recognisance be in twenty pounds to be levied
of his Lands only,
or of his Goods only, yet it is good; and this word [only] may seem
void: For the acknowledgment of the Recognisance (before a competent
Judge) both maketh it a debt, and implieth the ordinary means of Law
to come unto it: See hereof Postea tit. Recog. |
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If the Recognisance be to keep the peace towards
the King, and all His
People, but not towards any person cetoin, it seemeth good. |
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F. N. B.
10. g.
Cromp.
141. |
So if the Recognisance be to keep the peace towards
A. only, it seemeth
good, or to keep the peace towards A. and his servants, without
being
bound towards the King and all His Subjects, it seemeth good. |
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But the best form is to bind the party to keep the
peace towards the
King and all his People; for first the words of the Commission are to find
Surety, Erga nos & Populum nostrum: And again, the common
usage is so,
And besides, it may otherwise prove dangerous to the part who hath cause
to crave this Surety of the peace; for the other party who shall give me
just cause to crave this Surety against him (because he will not be bound
to the peace towards me) he will perhaps pray to bind himself to the
peace to A. who is his companion, and then if the Justice of peace
shall so
bind him, then may he and A. go before another Justice of peace
(and that
peradventure within one week) and there A. may release him of the
peace, and so (I trusting that he is still bound) may be after beaten,
maimed
or slain by him, or his procurement. |
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So then, though the Recognisance being taken in
any manner or sort
aforesaid, may prove sufficient to bind the party to the King; yet peradventure
it will not excuse the Justice of peace from blame, and therefore
it is safest for the Justice of peace to follow the received Form. |
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The Form of the Recognisance for the peace.
See postea tit. Recognisance.
c. 123. |
§. 6.
Recognisance
to be |
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The Recognisance for the peace, being thus taken,
if it were by vertue
of the Writ of Supplicavit, the Justice ought to return the Writ,
and to certifie
(under his Seal) his doing therein into the Court from whence the
Supplicavit proceeded; and he may also send such Recognisance (so
taken
by him) with his Certificate, or else he may keep the Recognisance in his
hands still, until he shall receive a Cerciorari out of the Chancery,
directed
to him for removing of this Recognisance. See more sub hoc. tit.
Postea. |
forfeited. |
8 H. 7. 7.
P. Just.
106. |
But if this Recognisance for the peace were taken
by the Justice of
peace Ex Officio, the the Justice of peace ought to certifie (send
or bring the
Recognisance to the next Sessions of the peace, so that the party bound
may |
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