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Surety for the Peace.
Recognisance is not forfeit; for if there shall be cause to continue
this
Surety of the Peace against the Husband and Wife still, the Husband shall
be bound, and not the Wife; and therefore the Wives appearance seemeth
not greatly material, Tamen quære & vide Fitz. Forfeiture
17. 8 E. 2. |
Chap. 120. |
§. 5.
Release. |
If a Man be bound to the Peace during his life,
or generally, without
any time or day limited, in such case neither the King, the Justice of
Peace
nor the party can discharge this Recognisance, during the life of the party
so bound, by Release or otherwise. Br. Peace 17. |
21 E. 4. 40.
Lamb. 113. |
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Also it hath been holden, that the Justice of Peace
who upon his own
discretion, hath compelled one to find Surety of the peace upon a certain
day, and hath taken Recognisance for his appearing, &c. may upon the
like discretion release the same before that day; and that such a Release
will discharge the Recognisance taken by that Justice, if it were not forfeited
before, and will also discharge the party so bound of his appearance;
for that here all this business depends only upon the discretion of the
Justice of peace who bound him. See Fitz. Just. de P. fol. 9.
Lamb. 113.
& Cromp. 139. |
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Again, it hath been holden, if a Justice of peace
shall grant the peace
at the request of another (sc. at the Suit of A.) and the
Recognisance be
taken to keep the peace against A. only, then (before the next Sessions)
may A. only release it (and none other) and that Release being certified
at
the next Quarter Sessions, will discharge the party so bound of his appearance,
so as he shall not be called upon his Recognisance; for that Release
so certified, is now become of Record as well as the Recognisance. |
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If the Recognisance were to keep the peace, Versus
cunctum populum
& præcipue versus A. yet may the same A. release it:
For although this may
seem popular, and that all others shall have interest therein as well as
A.
Yet as it appeareth, by the word præcipue, it was specially
taken for his
safety: But the contrary was holden by all the Justices, 21 E.
4. 48. sc.
That the party at whose Suit the same was granted, cannot release the
same. And Mr. Lambert alloweth best of that opinion, nevertheless
the
usage now is, and long hath been, as is aforesaid, as appeareth by Mr.
Brook
tit. Peace 17. |
Br. Peace
17.
Lamb. 114. |
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But (in these former cases) although this Surety
of the peace be released,
and the parties agreed, yet the Recognisance shall not be cancelled
by the Justice of peace, for peradventure the Recognisance was forfeited
before such Release made: And therefore the Justice of peace shall
do best,
nay, ought to certifie such Recognisance, together with the Release, the
next Quarter Sessions. |
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The Form of the Release of the Justice of peace,
See postea, tit. Release. |
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The Form of the Release of the party. See
Ididem. |
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Note, it hath been holden that the party that first
demanded the
peace, might release the same before the same Justice of peace that took
the Recognisance, or before any other Justice of Peace. |
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Note also, that to release such Surety of Peace
by Deed under his
Hand and Seal, is nothing worth. |
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But yet it is now holden, That neither the Justice
of Peace, nor the
party can discharge the Recognisance of the peace by their Release out
of
the Sessions. For first the Recognisance is made to the King, and
therefore
none but the King can release or discharge the same. Secondly, the
Recognisance
is taken for the appearance of the party, &c. (as well as for his keeping
of the peace) and the Release of the Justice, or of the party, cannot discharge
the appearance of the party bound. And therefore notwithstanding
that the Justice of Peace, out of Sessions, shall make or take any Release
of the
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