| Chap. 169. |
Warrants.
Also two Justices of Peace may bind by Recognizance
the Defendant
in a Suit of Tithes, to obey the sentence of the Judge. See antea
tit.
Tithes. |
439 |
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Whether the Justices of peace may bind any Offender
against a penal
Statute, to appear and answer his fault at the Sessions; see hereof
postea,
tit. Warrants cap. 128. |
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Note, That every Obligation and Recognizance taken
by Justices of
peace must be made to the King, and shall be made by these words,
Domino Regi, upon pain of Imprisonment of any person that shall
take
it otherwise: And all such Bonds or Recognizances shall be in the
nature of a Statute-Staple to all intents. See hereof postea,
tit. Recognizance. |
§. 3.
To whom. |
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A Justice of peace can take no Recognizance, but
only for such
matters as concern his Office. See hereof, tit. Surety for the
Peace,
antea. |
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33 H. 8. 39.
P. Ac. 1. |
Note also, That a Recognizance taken by a Justice
of Peace is a matter
of Record presently, so soon as it is taken and acknowledged, although
it be not made up, but only entred into his Books; nay, although
it be not entred, as it seemeth. See Stamf. 77. a. &
Br. Record 58. such
a matter. |
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If a Justice of peace shall take a Recognizance
where he hath no Authority,
it seemeth void. |
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And these Recognizances taken by the Justices of
peace are to be certified
by them at their next Quarter Sessions: except Recognizances taken
of such as shall inform against Felons, and upon Bailment of Felons, which
by Statute they are appointed to certifie at their next General Gaol-delivery.
See antea, tit. Felony. |
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For the forms of Recognizances see hereafter, tit.
Recognizances, cap.
134.
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Warrants. CHAP. CLXIX. V.
117.
NOw concerning the Precepts or Warrants to be made
by the Justices
of peace: |
§. 1.
By Parol. |
| Lamb. 87. |
The Justice of Peace, (seeing that he is a Judge
of Record) his Precept
or Commandment by word of mouth (in some cases) is as strong as
his Precept in writing. |
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14 H. 7. 8,
9. |
And therefore the Justice of Peace, upon any Riot
done in his presence,
may command the Rioters to be arrested, and cause them to find Sureties
for their Good Behaviour. |
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So upon an Affray, Assault, Threatning or other
breach of the Peace
done in his presence, the Justice of Peace may command by word the
Officer being present, or his own Servant, to arrest such Offenders to
find
Sureties for the Peace. See before tit. Surety for the Peace. |
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And where the Justice of Peace commandeth one being
present to arrest
another that is also in his presence, though that commandment be by
word only, it is good, and it is reputed as an Arrest made by the Justice
himself, he being present when the Arrest is made. B. Faux Impris.
33.
See hic antea. |
|
Moors
Rep. p.
401. |
' One in a False Imprisonment justified that the
Plaintiff being in
' presence of a Justice of Peace, the Justice not having opportunity to
' examine him, commanded the Defendant to take him into custody,
' and keep him safely until next day, the which he being Constable did |
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