v. Johnson, 12, East. 67. But a justice is not liable, if he act upon a complaint made on oath, by the terms of which he would have jurisdiction, though the real facts might not have supported the complaint, if such facts were not laid before him by the party complained against, after being summoned to attend. Lowther v. Earl of Radnor, 8 East. 113; Mann v. Davers, 3 B. & Ald. 103. If a justice in his ministerial capacity should act corruptly, he is liable in a civil action to the party grieved, as well as on a cri minal prosecution. Thus if he issue his warrant for the apprehension of a man on a charge of felony, no information having been previously laid before him, Windham v. Clere, Cr. El. 130, he may be sued in trespass, Morgan v. Hughes, 2 T. R. 225; or if he commit a person charged with crime for reexamination for an unreasonable time (in this case it was fifteen days), although without any improper motive, Davis v. Capper, 10 B. & Cr. 28. But he is not liable, if he should, out of a mistaken view of the law, commit to prison on a charge of felony, although the facts sworn to, do not, if true, necessarily exhibit even a trespass, Mills v. Collett, 6 Bing. 85. NOTE. County of S. to wit. FORMS. (1) before a justice to peace. Be it remembered that on &c., A. B. of &c. came personally before me, J. P. one of his majesty's justices of the peace in and for the Information said county, at &c., and on his oath informed me that C. D. of &c. did on &c., at &c., most violently and maliciously declare and obtain threaten, &c., and did also on &c., [here state the defendant's surety of the threats and acts.] and that from the above premises, he, this complainant is afraid the said C. D. will do him some grievous bodily injury, and therefore prays that the said C. D. may be required to find sufficient sureties to keep the peace(a) towards him, this complainant; and this complainant also saith that he doth not make this complaint against, nor require such sureties from the said C. D., from any hatred, malice, or ill will, but merely for the preservation of his life and person from injury. Sworn before me, J. P. A. B. County of S. to wit. * To E. F. constable of the said county, and all others whom it may concern. Warrant Whereas, A. B. of &c. hath this day made thereon. oath before me J. P. one of &c., at &c., that C D. of &c., did on &c., at &c., most violently, &c. [Recite as in last form to.] and therefore the said A. B. hath prayed that the said C. D. may be required to find su ffi nt sureties to (a) These forms may be adapted to the case of a surety for good behaviour, by simply altering the expression. FORMS. keep the peace towards him the said A. B. (3) Commitment by the justice for want of sureties. (4) Commitment for want of sureties to sessions. I do therefore command you to apprehend and bring the said C. D. before me, or some other justice of the peace for the said county, to answer the said complaint, and to find sufficient sureties to keep the peace towards his majesty and all his subjects, and especially towards the said A. B., for such period as shall be enjoined him, and to be further dealt with according to law. Given under my hand and seal the 1837. County of S. concern. day of J. P. (Seal.) To E. F. constable of the said county, and also to the keeper of [his majesty's gaol] at T. [for said county] and others whom this may Whereas, A. B. of &c. [Recite the complaint as in the warrant] and whereas the said C. D. was this day brought and appeared before me, J. P. one of &c., at &c., to answer the said complaint; and I the said justice have ordered and adjudged, and do hereby order and adjudge, that the said C. D. shall enter into his own recognizance in the sum of [£100], with two sufficient sureties in the sum of [£50] each, to keep the peace towards &c. [as in the warrant] for the term of [one year,] now next ensuing : and inasmuch as the said C. D. hath refused, and still refuses to enter into such recognizance, and to find such sureties as aforesaid; I do hereby require and command you the said constable, forthwith to convey the said C. D. to the [common gaol] of the said county, and to deliver him to the keeper thereof, together with this warrant. And I do also require and command you the said keeper, to receive the said C. D, into your custody in the said [gaol], and him there safely to keep,t for the space of [one year], unless he, in the mean time, enter into such recognizance, with such sureties as aforesaid, to keep the peace in the manner and for the term aforesaid. Herein fail not. Given under my hand and seal the day of 1837. J. P. (Seal.) Whereas, &c. [as in last form to *] and having been required by me to find sufficient sureties, as well for his appearance at appear at the the next general quarter sessions of the peace, to be held for the division of the said county, to do and receive what shall be then and there enjoined him by the court, as also in the mean time to keep the peace towards &c. [as in the warrant] hath refused and neglected, and still refuses and neglects to find such sureties. I do therefore, &c. [as in last form to t] until the next general quarter sessions of the peace to be held for the division of the said county, unless he, in the meantime, find sufficient sureties, as well for his appearance at the said sessions, as in the meantime to keep the peace as aforesaid. Given, &c. [as in last form.] County of S. to wit. FORMS. (5) Recogni. Be it remembered that on &c., C. D. of &c., L. M. of &c., and N. O. of &c. came before me, J. P. one of &c., and acknowledged them- zance. selves to owe to our said lord the king, to wit, the said C. D. the sum of [£100], and the said L. M. the sum of [£50], and the said N. O. the sum of [£50], of good and lawful money of Ireland, to be respectively made and levied of their several goods and chattels, lands and tenements, to the use of our said lord the king, his heirs and successors, if he the said C. D. shall fail in performing the condition underwritten. Acknowledged before me J. P. Conditions The condition of this recognizance is such, that if the said (6) C. D. shall keep the peace towards &c. [as in the commitment, to keep the No. 3.] then the said recognizance shall be void, or else remain in force(a). peace for a time certain. (7) The condition of this recognizance is such, that if the said C. D. shall personally appear at the next general &c. [as in Condition to commitment No. 3 to t] then &c. [as in last form.] County of S. to wit. To the keeper of [his majesty's gaol] at T. [for said county], and all whom it may con cern. You are hereby commanded to discharge out of your custody, the body of C. D. of &c., he having this day entered into a recognizance before me, J. P. one of &c., in the sum of [100], with two sureties in [£50] each, to keep the peace towards, &c. [as in commitment No. 3]. Given, &c. [as in the warrant No. 2]. County of S. to wit. To all sheriffs, bailiffs, constables, and others within the said county. Forasmuch as C. D. of &c., hath personally come before me, J. P., one of &c. [Recite the entering into the recognizance and its condition]. Therefore on the behalf of our said lord the king, I command you, and every of you, that you utterly forbear and surcease to arrest, take, imprison, or otherwise by any means for the said cause, to molest the said C. D.; and if you (a) Where a woman exhibited articles of the peace against a person whom she alleged to be her husband, but he denied the marriage; the court ordered the recognizance to run in the following form, so as not thereby to admit the marriage:-"To keep the peace towards our lord the king, and all his "liege people, and particularly towards H. P. who hath exhibited articles of "the peace against him the said J. B., by the name of H. B., wife of him "the said J., and that he shall not depart the court without leave, &c." R. v. Bambridge, 2 Str. 1231. appear at sessions. FORMS. have, for the said occasion and none other, taken and imprisoned him the said C. D., that then him you deliver, or cause to be delivered, and set at liberty without further delay. Given, &c. [as in the warrant No. 2]. (10) Articles of the peace exhibited at sessions. At the general quarter sessions of the peace of our lord the king, holden at &c., in and for the division of the county of &c. [by adjournment] on &c. in the year of the reign of &c., before J. P., W. D. Esqrs. and others their fellows, Caption. justices of our said lord the king, assigned to keep the peace of our said lord the king, in and for the said county, and also to hear and determine divers felonies, trespasses, and other misdeeds committed in the same county. Title. Articles. [County of S.] Articles of the peace exhibited by A. B. of &c. on behalf of himself [and H. his wife, (she the said H. being now confined through sickness in this exhibitant's dwelling-house, situate as aforesaid)] against C. D., late of &c., in order to preserve the life and person [or lives and persons] of himself, this exhibitant, [and the said H. his wife,] from bodily harm. This exhibitant on his oath saith, that on &c., about [seven o'clock in the evening] the said C. D. came to the door of this exhibitant's dwelling-house, and knocked thereat &c. [State the facts particularly as they occurred.] And this exhibitant on his oath further saith, that [the said H. B., this exhibitant's said wife, is now so sick and weak that she cannot be removed from her home to attend this honourable court, to join in the exhibition of this complaint, and that] he this exhibitant, by means of the premises aforesaid, conceives himself and his said wife] to be in great bodily danger. And he further saith that he doth not make this complaint against the said C. D., through any hatred, malice, or ill-will, but merely for the preservation of his life and person, [or the life of his said wife and his own, and also of their persons] from bodily harm. Sworn at the sessions-house at day of this A. B. By the court. PART II. OF THE PROCEEDINGS TO BRING OFFENDERS TO PUNISHMENT. CHAPTER I. OF THE INFORMATIONS AND ARREST. all shall join 3 Edw. 1, (Statute of Westminster, I.) c. 9.] And forasmuch as the peace of this realm hath been evil observed heretofore for lack of quick and fresh suit making after felons in due manner, and namely because of franchises, where felons are received; (2) it is provided, that all generally be ready and At summons apparelled, at the commandment and summons of sheriffs, and of the sheriff, at the cry of the country, to sue and arrest felons, when any in hue and need is, as well within franchise as without; (3) and they that cry. will not so do, and thereof be attainted, shall make a grievous fine to the king (4) and if default be found in the lord of the franchise, the king shall take the same franchise to himself; (5) and if default be in the bailiff, he shall have one year's imprisonment, and after shall make a grievous fine; and if he have not whereof, he shall have imprisonment of two years. (6) And if the sheriff, coroner, or any other bailiff within such franchise, or without, for reward, or for prayer, or for fear, or for any manner of affinity, conceal, consent, or procure to conceal the felonies done in their liberties, or otherwise will not attach nor arrest such felons there, as they may, or otherwise will not do their office for favour born to such misdoers, and be attainted thereof; they shall have one year's imprisonment, and after make a grievous fine at the king's pleasure, if they have wherewith; and if they have not whereof, they shall have imprisonment of three years(a). 7 Will. 3, c. 17 (b), s. 7.-Provided also, and be it enacted, that no person or persons, upon the Lord's day (a) See further as to the pursuit by hue and cry, the old English statutes 13 Edw. 1, stat. 2, (Statute of Winton), cc. 1, 2, 6; 28 Edw. 3, c. 11, and 7 Rich. 2, c. 6. But the two former statutes have been greatly amended, and the following of hue and cry generally regulated in Ireland by, the 10 & 11 Car. 1, c. 13. Owing to the great improvements which have taken place in the police of the country, this practice and all the learning relating to it has become nearly, if not altogether, obsolete, (b) Entitled, " An act for the better observation of the Lord's day, com monly called Sunday." |