requisition the said G. H. has failed to comply; and you, the said keeper, are hereby required to receive the said G. H. into your custody in the said jail, and him there safely keep until he shall enter into such recognizance with such surety, as aforesaid, or be otherwise discharged by due course of law. Witness, the said Seth B. Farwell, Esquire, at Ottawa, in the county of La Salle, the day of 18 Seth B. Farwell. Form of commitment of an accomplice to give evidence. State of Illinois, La Salle county, ss. The people of the state of Illinois to any constable of the said county, and to the keeper of the common jail of said county: We command you, the said constable, forthwith to convey and deliver into the custody of the said keeper the body of G. H., charged before Seth B. Farwell, Esquire, one of the justices of the peace of the said county, on his own confession, in being an accomplice with C. D. in [feloniously stealing, taking, and driving away one yoke of oxen, of the value of forty dollars, the property of A. B.,] he, the said G. H., being by the said justice admitted as a witness on the part and behalf of the people against the said C. D., and, on being required so to do, has not offered security for his appearance at the next term of the circuit court to be held in and for the said county of La Salle, on the first day thereof; and you, the said keeper, are hereby required to receive the said G. H. into your custody, in the said jail, and him there safely keep, for the want of sureties, until he shall be discharged by due course of law. Witness, Seth B. Farwell, Esquire, at Ottawa, in the county of La Salle, the day of 18 Seth B. Farwell. RECOGNIZANCE AFTER COMMITMENT. Form of recognizance of a prisoner after commitment. State of Illinois, ? La Salle county, S ss. 18 Be it remembered, that, on the day of in the county aforesaid, and E. F. and G. H., of the same place, personally come before Seth B. Farwell and Jabez Fitch, Esquires, two of the justices of the peace of said county, and severally and respectively acknowledge themselves to owe to the people of the state of Illinois, that is to say, the said C. D. the sum of dollars, and the said E. F. and G. H. each the sum of dollars, separately to be made and levied of their respective goods and chattels, lands and tenements, to the use of the said people, if default shall be made in the condition following: The condition of this recognizance is such, that, if the said C. D., who has been committed to the common jail of the said county for the want of sureties, shall personally be and appear at the next term of the circuit court to be held in and for the said county of La Salle, on the first day thereof, to answer to an indictment to be preferred against him for (here state the offence briefly,) and to do and receive what shall, by the court, be then and there enjoined upon him, and shall not depart the court without leave, then this recognizance to be void, or else to remain in full force. Taken, subscribed, and acknowledged] the day and year first above written, before Seth B. Farwell, Jabez Fitch. C. D. E. F. G. H. Form of recognizance of witness after commitment. State of Illinois, 18 E. F., of La Salle County, S ss. Be it remembered, that, on the day of in the county aforesaid, comes before Seth B. Farwell and Jabez Fitch, Esquires, two of the justices of the peace of the said county, and acknowledges himself to owe to the people of the state of Illinois the sum of dollars, to be made and levied of his goods and chattels, lands and tenements, to the use of the said people, if default shall be made in the condition following: day of 18 Whereas, on the C. D. was brought before Seth B. Farwell, Esquire, one of the justices of the peace of the said county, and charged, on the oath of A. B., with [having feloniously stolen, taken, and led away one sorrel horse, of the value of sixty dollars, the property of the said A. B.,] and, upon the examination of the said C. D. before the said justice, on that day, the said E. F. was produced and sworn, whose evidence the said justice deemed material to prove the offence so charged, and required him to enter into a recognizance to appear at the next term of the circuit court to be held in and for the said county, on the first day thereof, and not depart without leave, which he refused to do, and was thereupon committed to the common jail of the said county: Now, therefore, the condition of this recognizance is such, that, if the above bounden E. F. shall personally be and ap pear at the next term of the circuit court, to be held in and Taken, subscribed, and acknowledged Jabez Fitch. LIBERATE. Liberate, or warrant to discharge a prisoner upon his finding sureties after commitment. State of Illinois, La Salle county, ss. ss. The people of the state of Illinois to the keeper of the common jail of the said county: These are to require you to discharge from imprisonment C. D., now in your custody on the warrant of commitment under the hand of Seth B. Farwell, Esquire, one of the justices of the peace of the said county, dated the 18 day of for [having feloniously stolen, taken, and carried away one gold watch, the property of A. B.,] if detained for no other cause, he having entered into a recognizance before Seth B. Farwell and Jabez Fitch, Esquires, two of the justices of the peace of the said county. Witness, the said Seth B. Farwell and Jabez Fitch, Esquires, at Ottawa, in the said county, the day of Seth B. Farwell, [L. S.] Jabez Fitch. [L. S.] Another Form. 18 State of Illinois, La Salle county, ss. The people of the state of Illinois to the keeper of the common jail of the said county: Discharge from imprisonment C. D., if detained in your custody for no other cause than what is mentioned in the warrant for his commitment under the hand of Seth B. Farwell, Esq., (or "hands of Seth B. Farwell and Jabez Fitch, Esquires, two of the justices") of the peace of the said county, dated the day of 18 Witness, the said Seth B. Farwell and Jabez Fitch, Esquires, two of the justices of the peace of the said county, the day of 18 OF PROCEEDINGS FOR THE PRESERVATION AND OBSERVANCE OF THE PEACE. THE Civil division of the territory of England was, originally, into two counties, of those counties into hundreds, of those hundreds into tithings or towns. These tithings were instituted to prevent the rapines and disorders which formerly prevailed in the realm, and were so called from the Saxon, because ten freeholders, with their families, composed one. These all dwelt together, and were sureties or free-pledges to the king for the good behavior of each other; and, if any offence was committed in their districts, they were bound to have the offender forthcoming. 1 Bl. Com., 114. But this great and general security being now fallen into disuse and neglect, there hath succeeded to it the method of making suspected persons find particular and special sureties for their future conduct. 4 Bl. Com., 252. By the commission of the peace, one or more justices have power to cause to come before them all those who, to any of the king's people, concerning their bodies or the firing of their houses, have used threats, to find sufficient security for the peace or their good behavior towards the king and his people; and, if they shall refuse to find such security, to cause them, in person, to be safely kept until they shall find such security. 4 Burn's Justice, 265. In this state, the powers and duties of justices of the peace, in requiring and taking surety for the peace and for good behavior, has been regulated by statute. Ante 21. Surety for the peace is the acknowledging a recognizance to the people of the state, taken by a competent judge of record, for the keeping the peace. And this surety of the peace every justice of the peace may take and command by a twofold authority: 1. As minister, commanded thereto by a higher authority, as, when a writ of supplicavit, directed out of the Chancery or King's Bench, (circuit court in this state,) is delivered to him. 2. As a judge, and by virtue of his office. 4 Burn's Justice, 265. Sureties for the peace and for the good behavior are, in some respects, different, especially as to the cause of granting and the means of forfeiting them, and will be considered separately. 1. Surety for the peace. 1. For what cause surety of the peace shall be granted. 2. At whose request and against whom it shall be granted. 3. In what manner it shall be granted. 4. How the warrant may be superseded. 5. How the warrant shall be executed. 6. Of the recognizance. 7. How the recognizance may be forfeited and proceeded on. 8. How the recognizance may be discharged. 9. Of the recognizance of witnesses. 1. For what cause surety of the peace shall be granted. Any justice of the peace may, according to his discretion, bind all those to the peace who, in his presence, shall make any affray, or shall threaten to kill or beat any person, or shall contend together with hot words, or shall go about with unusual weapons or attendance, to the terror of the people; and, also, all such persons as shall be known by him to be common barrators; and, also, all who shall be brought before him by a constable for a breach of the peace in the presence of such constable; and all such person who, having been before bound to keep the peace, shall be convicted of having forfeited their recognizance. 4 Bl. Com., 255. Whenever a person has a just cause to fear that another will burn his house, or do him a corporeal hurt, as by killing, imprisoning, or beating him, or that he will procure others to do him such mischief, he may demand the surety of the peace against such person, and that every justice of the peace is bound to grant it, upon the party giving him satisfaction, upon oath, that he is actually under such fear, and that he has just cause to be so, by reason of the other's having threatened to beat him or lain in wait for that purpose, and that he does not require it out of malice or for vexation. 1 Hawk., 127. He that standeth bound to keep the peace, if his sureties be insufficient, the same justice, or another justice of the peace, may compel him to find better sureties. Dalt. Justice, 381. |