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Dalton's The Country Justice, 1690
Volume 153, Page 438   View pdf image (33K)
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438
Recognizance.

    I will here set down only some particulars where the Justices of peace
(out of their Sessions) may take a Recognizance.

Chap. 168.
    One Justice of peace may take a Recognizance for the peace.
    Also one Justice of peace may take a Recognizance for the Good Behaviour
(by the Commission:) and these the Justice of peace may take
either upon discretion, or upon complaint made to him, or upon a Supplicavit
delivered to him.
    One Justice of peace may bind by Recognizance such as do declare
any thing against a Felon, to appear at the Assizes or Sessions, there to
give Evidence against the Offender:  and so in divers other cases.
    One Justice of peace may bind by Recognizance such as keep any
common houses or places for unlawful Games, that the keep the same no
longer.  See antea tit. Games, &c.
    And also such as play at unlawful Games, contrary to the Statute of
33 H. 8. cap. 9. that they use the same no more.
    One Justice of peace may bind over persons suspected to use Logwood
in Dying, and such as can discover the same.  See antea tit. Dying.
    One Justice may bind by Recognizance Takers of Partridges, &c. and
Hawkers in Corn, to appear at next Sessions, to answer their said Offences
See antea tit. Partridges.
    One Justice of peace may bind by Recognizance any person convicted
for taking or destroying any Pheasants, Partridges, Fowl or Hare, that
they offend not thereafter in any the particulars any more.
    Also they use (by way of prevention) to bind Tramellers for Larks,
that they shall destroy no Partridges, &c.  Quære of this, how it is warranted.
See postea tit. Warrants.
    But the binding of Tramellers in this sort seemeth rather to do hurt
than good, in that it doth enable to tolerate the use of Tramelling in the
night-time, whereby many Partridges are secretly taken and killed;
whereas any two Justices of peace may more legally prevent that night-taking
and destroying of Partridges, by taking away all such Nets,
where they shall see cause; the which they may do by force of the Stat.
7 Jac. c. 11. which see here before tit. Partridges.
    I have known sundry Proclamations, authorizing and commanding 
the Justices of peace (at or before the beginning of the Lent-time) to convene
and call before them all Taverners, Inn-holders, Ale-house-keepers,
keepers of Ordinary-Tables, and other Victuallers within the Precinct
and Rule of the said Justices; and to take Bonds (by Recognizance) with
sufficient Sureties of every of them, and in good Sums of Mony, to the
Kings Majesties use, that they shall not dress any Flesh in their Houses in
the Lent-time, for any respect, nor suffer it to be eaten there.
    One justice of peace may bind by Recognizance the Master that shall
misuse his Apprentice, &c. to appear at the next Sessions, &c.  See antea
tit. Apprentices.
    Two Justices, &c. may take Recognizance of Ale-house-keepers for
keeping good Orders, &c.  See before.
    They may bind by Recognizance an Ale-house-keeper (committed
for Victualling without Licence) that he shall keep no more an Ale-house.
See antea tit. Ale-houses.
    Two Justices, &c. may bail Prisoners, and upon such Bailment they
are to cause the Prisoners to find Sureties for their appearance, &c. which
must be done by their Recognizance.  See here tit. Bailment.
    They may bind the Overseers of Cloth by Recognizance, to see the
Statute observed.  See hereof antea tit. Cloth.


 
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Dalton's The Country Justice, 1690
Volume 153, Page 438   View pdf image (33K)
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