Imatges de pàgina
PDF
EPUB

portation for life or for any term not less than seven years, or imprisonment for any term not exceeding four nor less than two years.

Sect. 25, as to accessaries, and 26, as to the mode and place of imprisonment, (vide sup. 206,) apply.

CHAPTER XVI.

OF THE MEANS OF PREVENTING OFFENCES.

1. Recognizances to keep the Peace. This security consists in being bound with one or more securities in a recognizance or obligation to the king entered on record; whereby the parties acknowledge themselves indebted to the crown in a certain sum, with condition to be void if the party shall appear in court on such a day, and in the mean time shall keep the peace; either generally towards the king and all his liege people, or towards them generally, and particularly also towards the person who craves the security.--4 BI. C. 252; 2 Barn. & Ald. 278.

Any justice of the peace may, ex officio, bind by such surety of the peace all those who in his presence make any affray or angry contention, and such as are brought before him by the constable for a breach of the peace in his presence.-4 BI. C. 254; Ibid.

And wherever any man under the king's protection has just cause to fear that another will burn his house or do him corporal injury, &c. every justice of the peace is bound to grant such surety of the peace, if he who demands it will make oath that he is actually under fear of death or bodily harm, and show that he has just cause to require the surety, and swear that he does not require it out of malice or for vexation. This is called swearing the peace against another.-Ibid. 255; 1 Hawk. c. 60, s. 6.

Wives may demand it against their husbands, and husbands against their wives.-4 Bl. C. 254.

Feme coverts and infants under age ought to find security by their friends only, and not to be bound themselves.Ibid.

If the party called upon to find sureties fail to do so, he may immediately be committed till he does.-4 Bl. C. 255; 2 Barn. & Ald. 278.

The recognizance for keeping the peace, if taken by a justice of the peace for appearance at the sessions, must be certified to the .next sessions, that the party may be called; and if he make default, the default shall be recorded; and the recognizance, with the record of the default, shall be sent and certified into the Chancery, King's Bench or Exchequer.—3 Hen. VII. Ć. 1.

But a justice has power, if he thinks fit, to take a recognizance for keeping the peace for some limited period, for example, two years, and is not bound' to take it for appearance at the next session and keeping the peace in the mean time.—2 Bar. & Ald. 278.

The party requiring the surety may apply at once to the court of quarter sessions; and this is the usual and best course when that court is sitting.–Chitty's Burn, “ Surety of the Peace."

A recognizance may be discharged either by the demise of the king, to whom the recognizance is made, or by the death of the principal party bound thereby, (if not before forfeited,) or by order of the court to which the recognizance is certified, if they see sufficient cause; or in case he at whose request it was granted, (if granted upon a private account,) will release it, or does not make his appearance to pray that it may be continued.

If the condition of the recognizance is broken by the party bound, the recognizance becomes forfeited; and being estreated (or extracted from among the other records) and sent up to the Exchequer, the party and his sureties become liable to be sued as the king's absolute debtors.

The course of proceeding on forfeited recognizances is regulated by 3 Geo. IV. c. 46, s. 5, and 7 Geo. IV. c. 64, s. 31.

The Court of King's Bench has also jurisdiction (upon motion) to bind over to keep the peace; but will not do so if the parties live at a distance in the country, unless they have previously made application to a justice in the neighbourhood.-2 Burr. 780.

When the application is to the King's Bench or the sessions, it must be upon articles in writing, supported by the oath of the exhibitant.-Chitty's Burn, “ Surety of the Peace.”

2. Recognizances for Good Behaviour. By 34 Edw. III. c. 1, the justices are empowered to bind over to good behaviour towards the king and his people, all them that be not of good fame wherever they be found.

Thus the justices may bind over common drunkards, idle vagabonds, &c.—4 Bl. C. 256.

The surety of good behaviour is of great affinity with that of the peace, and may be granted either in the open sessions, or by two or three justices out of sessions. And by the words of the commission, as also by the common opinion of the learned, one justice alone out of sessions may grant it.— Dalt. c. 123.

But great caution is recommended in the exercise of this authority.—Chitty's Burn, “ Surety for Good Behaviour."

CHAPTER XVII.

OF COURTS OF A CRIMINAL JURISDICTION.

1. The Court of Parliament. One mode of proceeding in this court is by impeachment before the House of Lords on the part of the House of Commons.-4 Bl. C. 259.

A commoner may be impeached for high misdemeanors, but there is a doubt whether he can be impeached for felony.-Ibid. and 260, note (2) by Chr.

A peer may be impeached for any crime.-Ibid.

The articles of impeachment are a kind of bill of indictment found by the House of Commons and afterwards tried by the Lords. — Ibid. 260.

By 12 & 13 Will. III. c. 2, no pardon under the great seal shall be pleadable to an impeachment by the Commons of Great Britain in parliament. But it is not understood by that enactment that after the impeachment has been heard and determined, the king is restrained from pardoning.-Ibid. 399.

Another mode of criminal proceeding in the court of parliament, occurs when a peer is indicted for treason or felony, or misprision of either, in the King's Bench or at the assizes before the justices of oyer and terminer, the course being in that case to remove the indictment by certiorari into the court of parliament, to be there determined. 4 Bl. C. 261.

The privilege of being thus tried in parliament, depends upon nobility rather than a seat in the House, and may therefore be claimed, since the Union, by Scotch and Irish peers not members of the House of Lords, by the queen

« AnteriorContinua »