hended and delivered to the person named in the requisition, and therein authorized to receive and convey the fugitive to this State, to be dealt with according to law. One set of the papers furnished upon the application, is attached to the requisition, and the same is signed by the Governor, attested by his private secretary, and sealed with the privy seal of the State. There is also generally delivered by the Governor to the person named in the requisition, at the same time, another paper sealed, signed and attested in the same manner as the requisition, authorizing such person to receive the fugitives from the proper authorities of the State or territory, upon which the requisition is drawn, and to bring him to this State, to be dealt with according to law. It is also the practice for the officer or person serving the requisition, and named in it, to take with him, if the fugitive be indicted, a bench warrant, and if not indicted, a warrant from the magistrate, before whom the complaint was made, for the arrest of the accused.

The subsequent proceedings in relation to the arrest of the accused, and the power of the officer or person named in such requisition, and acting thereunder in another State, and the duty of the Governor or Chief Magistrate of such other State or territory are regulated by act of Congress.1

'U. S. Laws, February 12, 1793, § 2.

C. P.-6.

Section I.-OFFICERS WHO MAY REQUIRE SURETY OF THE PEACE.
II.-OF THE COMPLAINT.

III.-WHEN WARRANT TO ISSUE.

IV. PERSON ARRESTED TO ENTER INTO RECOGNIZANCE.

V.-WHEN PARTY DISCHARGED, AND WHEN TO BE COMMITted.

. VI.-RECOGNIZANCE TO BE FILED.

VII.-WHEN SURETIES MAY BE REQUIRED WITHOUT COMPLAINT.
VIII.-PROCEEDINGS ON THE RECOGNIZANCE.

IX.-WHEN RECOGNIZANCE DEEMED BROKEN.

X.-ACTION UPON RECOGNIZANCE.

XI.-COMMON LAW AUTHORITY ABROGATED.

XII.-SURETIES FOR GOOD BEHAVIOR.

XIII. SURETY OF THE PEACE BY CONVICTS.

XIV.-BY PRIZE FIGHTERS.

XV.-SPECIAL PROVISIONS APPLICABLE TO THE CITY AND COUNTY OF NEW YORK

Ir has been said by a learned commentator, to be really an honor, and almost a singular one, that English laws furnished a title of the means of preventing offences, since preventative justice is upon every principle of reason, of humanity and of sound policy, preferable in all respects to punishing justice, the execution of which, though necessary, and in its consequences a species of mercy to the commonwealth, is always attended by many harsh and disagreeable circumstances.1

This preventative justice consists in obliging those persons whom there is a probable ground to suspect of future misbehavior to stipulate with, and to give full assurance to the public, that such offence as is apprehended shall not happen, by finding pledges or securities for keeping the peace or for their good behavior.2

SECTION I.

OFFICERS WHO MAY REQUIRE SURETY OF THE PEACE.

The following officers shall have power to cause to be kept all laws made for the preservation of the public peace, and in the execution of that power, to require persons to give security to

1 4 Blac. Com., 252.

• Idem.

keep the peace in the manner hereinafter provided, namely: Justices of the Supreme Court, Judges of the Superior Court of Law of the city and county of New York, the Justices of the Justices' Courts, and Police Justices for the said city, and County Judges of County Courts, Mayors, Recorders and Aldermen of cities, Police Justices and Justices of the Peace, appointed for any city or elected in any town.1

SECTION II.

OF THE COMPLAINT.

Whenever complaint shall be made in writing and upon oath to any such magistrate, that any person has threatened to commit any offence against the person or property of another, it is 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 cause the same to be subscribed by the parties so examined. The complaint should be filed and preserved by the justice, and any party affected by the warrant allowed to peruse the same, and take a copy thereof in person or by deputy.3

On an application to a magistrate for sureties of the peace, there must be a formal complaint in writing, and upon oath, besides the examination in writing required by the statute, to justify the magistrate in issuing a warrant against the party complained of, it is not enough that the complaint is embraced in the examination.4

It is a universal principle of law, admitting of no exception, that a man cannot be deprived of a known right without a specific accusation, and even where mere surety of the peace, or of good behavior is demanded, the party requiring it must not only state his fears but assign the cause upon which those fears are grounded. The rule is laid down with great precision by Hawkins and Sir William Blackstone. It is this, that whenever a person has just cause to fear that another will burn his house or do him a corporal hurt, as by killing or beating him, or that he

will procure others to do him such mischief, he may demand surety of the peace against such person; and every justice of the peace is bound to grant it upon the parties giving him satisfaction, upon oath, that he is actually under such fear, and that he had 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 vexation.1

SECTION III.

WHEN WARRANT TO ISSUE.

If it shall appear from such examination that there is just reason to fear the commission of any such offence by the person complained of, it is the duty of the magistrate to issue a warrant under his hand, with or without seal, reciting the complaint, and commanding the officer to whom it is directed forthwith to apprehend the person so complained of, and bring him before such magistrate.2

If the warrant to arrest recite that there was a complaint in writing, and upon oath, it is prima facie evidence that such proceedings were had, and will protect the magistrate in an action against him, until it be affirmatively shown on the other side that there was not such a complaint.3

SECTION IV.

PERSON ARRESTED TO ENTER INTO A RECOGNIZANCE.

Upon such person being brought before the magistrate, he may be required to enter into a recognizance in such sum, not exceeding one thousand dollars, as such magistrate shall direct, with one or more sufficient sureties, to appear at the next Court of Sessions, to be held in such county, and not to depart the same without leave; and in the meanwhile to keep the peace towards the people of this State, and particularly towards the person requiring such security. There is no examination or

trial of the party arrested upon the return of the warrant, and he is not permitted to be heard either personally or by counsel at this stage of the proceedings, he must either enter into the recognizance, when he will be discharged, or in default thereof, it becomes the duty of the justice to commit him, as in the next section specified.

SECTION V.

WHEN PARTY DISCHARGED, AND WHEN TO BE COMMITTED.

If such recognizance shall be given, the party complained of is to be discharged. If such person shall refuse to find such security, it becomes the duty of the magistrate to commit him to prison until he shall find the same, specifying in the warrant the cause of commitment, and the sum in which such security was required; and any person committed for not finding sureties of the peace, as above provided, may be discharged by any two justices of the peace of the county, upon giving such security as was originally required of such person.1

In the mitimus, it is not necessary to state the crime for the prevention of which the application for sureties of the peace was made; it is enough if it be stated that the party is committed for refusing to give sureties.2

When a justice of the peace, after an examination, has adjudicated that a person brought before him shall give sureties to keep the peace, and the prisoner has refused to do so, it is his duty to issue his warrant of commitment; and such warrant issued on the next day will be valid, though in the meantime the prisoner has been suffered to go at large by the consent of the justice.3

The warrant of commitment is valid without a seal.4

2 R. S., 704, §§ 5, 6.

23 Wend., 638.

'Gano v. Hall, 5 Park., 651.

• Idem.