Refusal, &c., to enter into recognizance. § 261. In cases where the defendant refuses to enter into recognizances, or is unable to find sufficient surety or sureties to the satisfaction of the Justices, they may issue their warrant under their hands, commanding the defendant Commitment. to be taken to some convenient gaol, and there to be kept J.P.Act, 1866, till he shall enter into such recognizance as required by the order of the Justices. 8. 93. Form No. 11. Till when. Surety for the peace on charge of assault. Sec. 94. When Justice may act on The recognizance may be entered into before any Justice at the gaol. But no person is to be detained in prison, under such a warrant, for any longer period than that during which he would have been under recognizance, if he had entered into one on the day of the making of the order. If the condition of the required recognizance was to appear at any sittings of the Supreme Court, then the keeper of the gaol, unless the defendant had sooner entered into a recognizance, is bound to bring the defendant up before the Court at such sittings, there to abide the order of the Court. § 265. In cases where an information is laid against a person for an assault to be punished in a summary way, the informant may, in his information, request that the defendant be bound over to keep the peace. And, whether the informant shall have asked for sureties. of the peace or not, if it appears to the Justices who hear the charge of assault that the defendant has used any threats, or done any act for which he might be required to enter into recognizances of the peace, they may require the defendant to enter into such recognizances, either in addition to or in lieu of the punishment to which he is liable for such assault. § 266. In cases where any person, in the view and hearing of a Justice of the Peace, uses any threat or other language, or does any act, upon proof of which, complaint being made, he might be required to enter into a recognizance of the peace, the Justice may, without further proof, require such person to enter into such recognizance, and, in default, commit him to prison in the manner above mentioned. death of § 267. Should the person on whose complaint the de- Discharge on fendant was ordered to find sureties, die, while the defendant complainant. is in prison for default of sureties; the Justices who made J.P. Act, 1866, the order, or the Supreme Court, may discharge the s. 96. defendant from custody without his giving sureties. Sovereign. § 268. The death of the Sovereign shall not operate as a Demise of discharge of any recognizance of the peace; or entitle any one being in prison in default of entering into such recognizance to be released from prison. Sec. 98. § 269. All recognizances of the peace, entered into under Filing of the foregoing provisions of law, are to be transmitted forth- recognizance. with to the Registrar of the Supreme Court acting for the portion of the Colony within which the recognizance was taken, to be filed in the Court as of record. appear at S. C. § 270. In those cases in which the condition of the Condition to recognizance is for the appearance of the party bound at a sitting of the Supreme Court, the party is to be called at such sitting to appear upon his recognizances; and if he shall Failure. fail to appear, the recognizance is to remain in full force Sec. 99. until he or his sureties are discharged therefrom, upon application to the Supreme Court. on appearance. § 271. But if the party bound appears in pursuance of Proceedings his recognizance, or if a person, failing to enter into recognizance, be brought up in custody as directed, the Court Ibid. will cause proclamation to be made, that if any man can show good cause why the peace granted against the party should be continued, then he is to speak; and if no person should come to demand the peace, or show cause why it should be continued, then the Court will discharge the defendant. order of § 272. Any person who has been ordered by Justices in Appeal from the exercise of their discretionary powers to enter into a Justices. recognizance of the peace, may appeal from such order to Sec. 100. Notice. J.P.Act, 1866, s. 100. Form No. 12. Order of S. C. thereon. Sec. 101. No release by complainant. Sec. 102. Estreat by order of S. C. Sec. 103. the Supreme Court, upon giving to the complainant and the Justice seven days' notice of such appeal. But if the party making the appeal has not entered into the required recognizance, he remains liable to be arrested, and detained in custody, till he shall have entered into the required recognizances, or be released by order of the Supreme Court. § 273. The Supreme Court may, on the appeal, either confirm the order of the Justice, or make such other order as may seem meet. § 274. The complainant has no power to give a release, so as to discharge the defendant from the recognizance or from custody. § 275. The Supreme Court, upon application, may order any such recognizance to be estreated for such amount (not In what cases. exceeding the sum stated in it) as the Court may think fit; whenever it shall be proved that the party bound has been convicted of any offence which is by law a breach of the condition of recognizance, or that he has been guilty of any act, the doing or threatening of which would have been a ground for calling upon him to enter into a recognizance, and upon further proof that a notice in writing, signed by the person seeking Form No. 13. to put the recognizance in force, has, seven clear days before the commencement of the sittings of the Court at which the application is made, been served personally, or by leaving it at the usual place of abode of the party, or each of the parties (if more than one,) against whom it is sought to put such recognizance in force, that an application will be made at such sittings for the estreating of the recognizance. Notice. Certificate of Distress. § 276. If the recognizance be estreated, the Registrar is to certify the amount for which it is estreated on the back thereof, and, if ordered by the Court so to do, to deliver the same to the Sheriff. The Sheriff is then to proceed forthwith to levy the amount indorsed by distress and sale of the goods of the parties bound. under Crown Debts Act. But the amounts may also be recovered in any other Proceedings manner which may be provided by any Act in force for the recovery of Crown debts. (1) SURETIES FOR GOOD BEHAVIOUR. § 277. By the 34 Ed. 3, c. 1, powers are given to Justices Defamatory to bind over parties to be of good behaviour; but the language. Hawk, P.C., occasions to which it should be applied are by no means well B. 1, c. 23. defined. Rude, unmannerly, and defamatory words, unless they directly tend to a breach of the peace, to scandalize the Government, to abuse the administrators of Justice, or to deter an officer of justice from doing his duty, are not, it would appear, sufficient grounds for binding the speaker to the good behaviour. Modern authorities advise the Justices, even at Sessions, Caution. to be very cautious of acting upon the old Statute; but they acknowledge that although mere insulting language, even if contra bonos mores, is not an offence which would entitle Justices to take security, yet aggravated defamation even of private persons may well require sureties for good behaviour; and Justices have been held to be protected for requiring them, as having jurisdiction in point of law, even where a Superior Court has intimated that they had made a very bad use of their discretion. Should occasion ever occur for the adoption of this proceeding, it would probably be sufficient that the complaint, examination, and order, should be made in the same course and form as for sureties of the peace. (1) The Act on this subject in force at present is "The Crown Debts Act, 1866," (No. 7), quod vide. 96 Statutory powers of Justices. Distinction between convictions and orders. No jurisdiction when title claimed. Jervis's Act, 11 and 12 Vict. c. 43. CHAPTER V. THE SUMMARY JURISDICTION OF JUSTICES OF THE PEACE, INTRODUCTORY. § 278. By a long series of Statutes passed in England between the time of Henry VII. and the Session of the 2nd and 3rd years of the reign of Queen Victoria, (which are part of the law of New Zealand,)—by subsequent Acts of the Imperial Parliament, adopted by the Legislature of New Zealand, and by special Ordinances and Acts of that Legislature itself, the Justices of the Peace of the Colony are empowered to decide in a summary way, without the intervention of a jury, in a great variety of cases, which will be found enumerated hereafter in the Formulary. $279. These cases, which the Justices hear and determine judicially, upon oath of witnesses or confession of parties, are divided into two classes; in the first of which, being of a penal character, the proceedings are begun by laying an information, and go on to dismissal, acquittal, or conviction, and the awarding of fine, imprisonment, or other punishment with or without costs, and ulterior measures for securing payment; in the second, the proceedings are commenced by a complaint, and result in an adjudication by order, either dismissing the complaint, or directing the payment of money or the doing of some other act. § 280. But it is to be noted, that the Justices have no jurisdiction to proceed in this summary way where the act complained of is done in the boná fide claim of a right, or of a title to property. § 281. The performance of the duties of Justices in England, with respect to summary convictions and orders, |