Mass. R. S, Ch.

134.

Officers authorized to keep the peace.

Chapter One Hundred and Sixty-Two of Revised Statutes of 1846.

(5959.) SECTION 1. The Justices of the Supreme Court, Judges of County Courts, Circuit Court Commissioners, all Mayors and Recorders of cities, and all Justices of the Peace, shall have power to cause all laws made for the preservation of the public peace, to be kept, and in the execution of that power, may require persons to give security to keep the peace, in the manner provided in this chapter.

(5960.) SEC. 2. Whenever complaint shall be made in writing and on oath, to any such magistrate, that any person has threatened to commit any offence against the person or property of another, it shall be the duty of such magistrate to examine such complainant, and any witnesses who may be produced, on oath, to reduce such examination to writing, and to cause the same to be subscribed by the parties so examined.

(5961.) SEC. 3. If it shall appear from such examination, that there is just reason to fear the commission of any such offence, such magistrate shall issue a warrant under his hand, directed to the Sheriff or any Constable of the county, reciting the substance of the complaint, and commanding him forthwith to apprehend the person so complained of, and bring him before such magistrate.

(5962.) SEC. 4. When the party complained of is brought before the magistrate, he shall be heard in his defence, and he may be required to enter into a recognizance with sufficient sureties, in such sum as the magistrate shall direct, to keep the peace towards all the people of this State, and especially towards the person requiring such security, for such term as the magistrate may order, not exceeding one year, but shall not be bound over to the next Court, unless he is also charged with some other offence, for which he ought by law to be held to answer at such Court.

(5963.) SEC. 5. Upon complying with the order of the magistrate, the party complained of shall be discharged.

(5964.) SEc. 6. If the person so ordered to recognize, shall refuse or neglect to comply with such order, the magistrate shall commit him to the County jail, during the period for which he was required to give security, or until he shall so recognize; stating in the warrant the cause of commitment,

with the sum and the time for which such security was required.

when to pay

(5965) SEC. 7. If, upon examination, it shall not appear complainant that there is just cause to fear that any such offence will be costs. committed by the party complained of, he shall be forthwith discharged; and if the magistrate shall deem the complaint unfounded, frivolous or malicious, he shall order the complainant to pay the costs of the prosecution, who shall thereupon be answerable to the magistrate and the officers for their fees, as for his own debt.

in other cases.

(5966.) SEC. 8. When no order respecting the costs is made Payment of costs by the magistrate, they shall be allowed and paid in the same manner as costs before Justices in criminal prosecutions; but in all cases where a person is required to give security to keep the peace, the Court or magistrate may further order that the costs of prosecution, or any part thereof, shall be paid by such person, who shall stand committed, until such costs are paid, or he is otherwise legally discharged.

(5967.) SEC. 9. Any person aggrieved by the order of any Appeal allowed. Justice of the Peace, requiring him to recognize as aforesaid, may, on giving the recognizance to keep the peace required

by such order, appeal to the Circuit Court for the same County.

cognize.

(5968.) SEC. 10. The Justice from whose order an appeal is witnesses to retaken, shall require such witnesses as he may think necessary to support the complaint, to recognize for their appearance at the Court to which the appeal is made.

order of justice,

pellant, etc.

(5969.) SEc. 11. The Court before which such appeal is Court may affirm prosecuted, may affirm the order of the Justice, or discharge or discharge ap the appellant, or may require the appellant to enter into a new recognizance, with sufficient sureties, in such sum, and for such time, not exceeding one year, as the Court shall think proper, and may also make such order in relation to the costs of prosecution, as may be deemed just.

when to remain

(5970.) SEC. 12. If any party appealing shall fail to prosecute Recognizance, his appeal, his recognizance shall remain in full force and effect, in force. as to any breach of the condition, without an affirmation of the judgment or order of the Justice, and shall also stand as a security for any costs which shall be ordered by the Court appealed to, to be paid by the appellant.

ted how dis

(5971.) SEC. 13. Any person committed for not finding Person commit. sureties, or refusing to recognize, as required by the Court or charged. magistrate, may be discharged by any Judge, Circuit Court

Recognizance to

be transmitted to

Commissioner or Justice of the Peace, on giving such security as was required.

(5972.) SEC. 14. Every recognizance, taken pursuant to the Clerk of Court. foregoing provisions, shall be transmitted by the magistrate to the Clerk of the Circuit Court for the County, within twenty days after the taking thereof, and on or before the next term of such Court, and shall be filed by such Clerk.

Breach of Peace in presence of

(5973.) SEC. 15. Every person who shall, in the presence of Magistrate, etc. any magistrate mentioned in the first section of this chapter, or before any Court of Record, make an affray, or threaten to kill or beat another, or to commit any violence or outrage against his person or property, and every person who, in the presence of such Court or magistrate, shall contend with hot and angry words, to the disturbance of the peace, may be ordered, without process or any other proof, to recognize for keeping the peace, for a term not exceeding six months, and in case of refusal, may be committed as before directed.

Person going armed to find

peace.

(5974.) SEC. 16. If any person shall go armed with a dirk, sureties for the dagger, sword, pistol, or other offensive and dangerous weapon, without reasonable cause to fear an assault or other injury, or violence to his person, or to his family or property, he may, on complaint of any person having reasonable cause to fear an injury or breach of the peace, be required to find sureties for keeping the peace, for a term not exceeding six months, with the right of appealing as before provided.

Court may remit

part of penalty. 7 Mass., 397.

Surety may sur

render his prin

surrender.

(5975.) SEC. 17. Whenever upon a suit brought on any recognizance entered into in pursuance of this chapter, the penalty thereof shall be adjudged forfeited, the Court may remit such portion of the penalty, on the petition of any defendant, as the circumstances of the case shall render just and reasonable.

(5976.) SEC. 18. Any surety in a recognizance to keep the eipal; Effect of peace, shall have the same authority and right to take and surrender his principal as in other criminal cases, and upon such surrender, shall be discharged and exempt from all liability for any act of the principal subsequent to such surrender, which would be a breach of the condition of the recognizance; and the person so surrendered may recognize anew, with sufficient sureties, before any Justice of the Peace or Circuit Court Commissioner for the residue of the term, and shall thereupon be discharged.

OF THE ARREST AND EXAMINATION OF OFFENDERS, COMMIT-
MENT FOR TRIAL AND TAKING BAIL.

Chapter One Hundred and Sixty-Three of Revised Statutes of 1846.

may issue process offenders, etc.

(5977.) SECTION 1. For the apprehension of persons charged What officers with offences, excepting such offences as are cognizable by for the arrest of Justices of the Peace, the Justices of the Supreme Court, Judges of the County Courts, Circuit Court Commissioners, Mayors and Recorders of cities, and all Justices of the Peace, shall have power to issue process and to carry into effect the provisions of this chapter.

Complainant, etc., to be examined.

Proceedings if it

appear that an

(5978.) SEC. 2. Whenever complaint shall be made to any such magistrate, that a criminal offence, not cognizable by a Justice of the Peace, has been committed, he shall examine on oath the complainant, and any witnesses who may be produced by him.

(5979.) SEC. 3. If it shall appear from such examination, offence has been that any criminal offence, not cognizable by a Justice of the committed. Peace, has been committed, the magistrate shall issue a warrant, directed to the Sheriff or any Constable of the County, reciting the substance of the accusation, and commanding him forthwith to take the person accused of having committed such offence, and to bring him before such magistrate to be dealt with according to law, and in the same warrant may require the officer to summon such witnesses as shall be therein named.

Where Warrant may be executed.

may be brought

of County where

(5980.) SEC. 4. If any person against whom a warrant shall be issued for an alleged offence committed within any county, shall, either before or after the issuing of such warrant, escape from, or be out of the county, the Sheriff or other officer to whom such warrant may be directed, may pursue and appre hend the party charged, in any county of this State, and for that purpose may command aid, and may exercise the same authority as in his own county.

When prisoner (5981.) SEC. 5. In all cases where the offence charged in the before Magistrate warrant is not punishable with death, or imprisonment in the arrest is made. State prison, and not cognizable by a Justice of the Peace, if the arrest shall be made in any other county than that where the offence is charged to have been committed, and if the person arrested shall request that he may be brought before a magistrate of the County in which the arrest was made, it shall be the duty of the officer or person arresting him, to carry such prisoner before a magistrate of that county.

Such Magistrate

may take from

recognizance,

etc.

(5982.) SEC. 6. Such magistrate may take from the person person arrested arrested, a recognizance, with sufficient sureties, for his appearance at the Court having cognizance of the offence, and next to be held in the County where the offence shall be alleged to have been committed, and the party arrested shall thereupon be liberated.

Certificate of

Magistrate on

whom recogniz

(5983.) SEC. 7. Such magistrate shall certify on the warrant, Warrant to the fact of his having let the defendant to bail, and shall ance to be delay deliver the same, together with the recognizance taken by him, to the person who made the arrest, who shall cause the same to be delivered without unnecessary delay, to the

red.