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Surety for the Peace.
be called thereupon; and that if the party make default of appearance,
the same default may be then and there recorded. See 2 H. 7.
fol. 1. |
Chap. 120. |
§. 7.
Process. |
If a Man do forfeit his Recognisance (either for
default of appearance
or for breach of the Peace) the Justices of Peace may not award any Process
for the Forfeiture thereof, but must certifie the Recognisance, with the
cause of the Forfeiture, into some one of the King's Courts at Westminster.
sc. into the Chancery, Kings Bench or Exchequer. |
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Recognisance
forfeited. |
And note, that the said Recognisance it self, with
the Record of such
default of Appearance, or other Forfeiture, shall be sent and certified
into
the Chancery, King's Bench, or Exchequer, that from thence
Process may
go out against the party, and so ought it to be, if it be presented by
the
Jury or great Enquest; that the party hath forfeited his Recognisance by
breach of the Peace. Lamb. 570. |
Lamb. 506.
3 H. 7. |
| Certified. |
If the Justice of Peace shall not certifie
such Recognisance (taken for
the keeping of the peace) at the next Sessions, the said Statute of 3 H.
7. 1.
limiteth no penalty; and yet see Brook tit. Peace 14. That
the Justice shall
forfeit 10 l. if he do not certifie the Recognisance of the peace
at the next
Sessions, but Mr. Brook there mentioneth the Statute of 3 H.
7. c. 3. Which
Statute of 3 H. 7. c. 3. was only for Bailment of prisoners,
and certifying
the same, and so seemeth to mistake the Statute. Vide Fitz. 251. |
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If he which demanded the peace shall release the
peace, before the said
next Sessions, then it may seem, though the Justice of peace shall not
certifie
the Recognisance, that the Statute is not transgressed or offended;
for it hath been holden that the party shall not be called in such case
upon
his Recognisance. Tamen quæro inde & vide hic postea.
But howsoever, it
is better to certifie the Recognisance, for peradventure it was forfeited
before
the Release made. |
Cromp.
169. |
§. 8.
Recognisance
removed. |
Also, he that demanded this Surety, or he that is
bound to the peace,
may by a Cerciorari, remove such Recognisance into the Chancery
or Kings
Bench, before the Justice hath certified the same to the Sessions.
And so
in case the Justice shall not certifie the same thither. Fitz.
81. And then
the party bound, need not to appear. See hic postea. The
Form of the
Justices return of such Cerciorari, and of the Recognisance. |
2 H. 7. 1.
Br. Peace
11.
F. N. B.
81. |
§. 9.
New Surety. |
If the Justice of peace were deceived in the sufficiency
of the Sureties,
the same Justice of peace, or any other Justice of peace, may afterwards
compel the party to find and put in other more sufficient Sureties, and
may take a new Recognisance for the same; for that the precept is Ad
inveniend.
sufficientum securitatem. But if the Sureties die, the party
principal
shall not be compelled to find new Sureties. See more Postea,
sub hoc
tit. & postea tit. Bailment, cap. 114.
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§. 1.
Supersedeas.
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What things shall discharge this Recognisance (of the Peace)
or the Party
of his Appearance at the Session. CHAP. CXX.
WHether a Supersedeas out of the Chancery,
&c. shall discharge the
party of his Appearance. See antea sub hoc tit. c. 69. |
30 H. 6. 26.
Br. Surety. |
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He which is bound to the peace, and to appear at
a certain day, he
must appear at that day, and record his Appearance, although he who
craved the peace, cometh not in to desire that it may be continued, otherwise
the Recognisance shall be forfeited. |
10. and
Def. 60. |
§. 2.
Proclamation. |
And if a Man be bound to keep the peace towards
the King and his
people, and not towards any person certain, and to appear at such a Sessions,
the Court at that Sessions may make Proclamation, That if any Man can |
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