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SECTION VI.

RECOGNIZANCE TO BE FILED.

Every recognizance taken pursuant to the foregoing provisions, is to be transmitted by the magistrate taking the same to the next Court of Sessions of the county.1

SECTION VII.

WHEN SURETIES MAY BE REQUIRED WITHOUT COMPLAINT.

Every person who in the presence of any magistrate above specified, or in the presence of any court of record, shall make any affray, or threaten to kill or beat another, or to commit any offence against his person or property, and all persons who in the presence of such magistrate or court, shall contend with hot and angry words, may be ordered by such magistrate or court, without any other proof, to give such security as above specified, and in case of refusal so to do, may be committed in like manner as above provided.2

SECTION VIII.

PROCEEDINGS ON THE RECOGNIZANCE.

Every person who shall have entered into a recognizance to keep the peace, shall appear at the next Court of Sessions held in the county, and if he fail to appear, the court shall forfeit his recognizance, and order it prosecuted, unless reasonable excuse for his default be given. If the complainant do not appear, the party recognized shall be discharged, unless good cause be shown to the contrary, and if the respective parties appear, the court shall hear their proofs and allegations, and may either discharge the cognizance taken, or they may require a new recognizance, as the circumstances of the case may require, for such time as shall appear necessary, not exceeding one year.3

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SECTION IX.

WHEN RECOGNIZANCE DEEMED BROKEN.

No recognizance to keep the peace shall be deemed to be broken, except in the case provided for by the last section, unless the principal in such recognizance be convicted of some offence amounting in judgment of law to a breach of such recognizance.1

SECTION X.

ACTION UPON RECOGNIZANCE.

Whenever the district attorney of the county in which such recognizance was taken, shall produce to the court in which such recognizance was filed, evidence of such conviction, it becomes the duty of such court to order the recognizance to be prosecuted, and the district attorney is thereupon to commence an action in the name of the people of this State, and in such action the offence stated in the record of conviction shall be assigned as a breach of the condition of such recognizance, and such record shall be conclusive evidence of the matters therein stated.2

SECTION XI.

COMMON LAW AUTHORITY ABROGATED.

No security to keep the peace or to be of good behavior, shall be required, nor shall any person be committed to prison for not giving the same in any case, except such as are prescribed or authorized by statute.3

SECTION XII.

SURETIES FOR GOOD BEHAVIOR.

Recognizances for good behavior are demandable or not in the discretion of the judge. They differ from recognizances to keep

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the peace in two important features. First: Surety for good behavior is more extensive in its nature than surety of the peace, and may be more easily forfeited, and therefore should be exacted with greater caution. Second: Surety of the peace is demandable of right by any individual who thinks himself in danger of bodily hurt, and will make the necessary oaths; but this principle has not been applied to surety for good behavior.1

SECTION XIII.

SURETY OF THE PEACE BY CONVICTS.

Every court of criminal jurisdiction, before which any person shall be convicted of any criminal offence, not punishable with death or imprisonment in a State prison, shall have power, in addition to such sentence as may be prescribed or authorized by law, to require such person to give security to keep the peace, or to be of good behavior, or both, for any term not exceeding two years, or to stand committed until such security be given. But the above provision does not extend to any conviction for writing or publishing any libel, nor can any such security be required by any court upon any complaint, prosecution or conviction for such writing or publishing.2

No recognizance given under the last section shall be deemed to be broken, unless the principal therein be convicted of some offence amounting in judgment of law to a breach of such recogninance. The same proceedings for the conviction of such recog nizance, when forfeited shall be had, as are prescribed by statute, and above mentioned in relation to recognizances to keep the peace.a

SECTION XIV.

BY PRIZE FIGHTERS.

Whenever it shall be made to appear to any magistrate, having power to hear complaints in criminal cases, that there is reasonable ground to apprehend that an offence, within the statute

Com. v. Duane, 2 Whee. Cr. Cases, 540.

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against prize fighting, is about to be committed, such magistrate shall issue his warrant to the sheriff or constable in the county of such magistrate's residence, for the arrest of the person or persons so about to offend, and upon such person being brought before him, shall inquire into the matter, and if it shall appear that there is reasonable ground to apprehend that such person was about to commit any offence specified in the provisions against prize fighting, he shall require such person to enter into a bond to the people of the State of New York, in such sum, not exceeding one thousand dollars, as such magistrate shall fix, that such person will not, for the space of one year, offend against any of the provisions of said act; and such bond may, in the discretion. of the magistrate, be required to be with sureties, to be approved of by such magistrate, or may be taken without surety.1

If any person shall omit or refuse to enter into such bond, the magistrate shall commit such person to the county jail, there to remain until discharged by a Court of Record having criminal jurisdiction. Any person so committed to the county jail may at any time, upon habeas corpus, be discharged from his imprisonment, by executing the bond directed by the committing magistrate; and if such bond was required to be with surety, the officer taking the same shall approve of the surety.2

SECTION XV.

SPECIAL PROVISIONS APPLICABLE TO CITY AND COUNTY OF NEW

YORK.

Every recognizance to keep the peace, or to be of good behavior, or both (except such recognizances for good behavior as shall be taken on conviction of disorderly persons, and such recognizances to keep the peace as shall be made returnable to the Court of General Sessions of the Peace), that shall be entered into in the city and county of New York, shall be forthwith filed in the office of the clerk of the Court of Special Sessions in said county; and whenever it shall appear that any such recognizance has been violated, it becomes the duty of the district attorney in said county to move, before the said Court of Special Sessions,

' Laws 1859, ch. 37, § 2, p. 63.

* Id., §§ 2, 3.

for the forfeiture of the recognizance. The said Court of Special Sessions may, upon the proof of the violation of any such recognizance, direct the same to be forfeited, by an order entered in their minutes; and the clerk of said court shall return the said recognizance, when forfeited, with a certified copy of the minutes of forfeiture to the district attorney, that it may be prosecuted. Any act or behavior upon the part of the principal in such recog nizance, which would have been cause for an order to find surety for good behavior or to keep the peace in the first recognizance, is to be deemed a breach of such recognizance.1

Whenever complaint on oath and in writing shall be made before one of the police justices in the city of New York, that any person has committed a breach of the condition of his recognizance, the said justice may issue his warrant for the arrest of said person so complained of; and upon said person being brought before him, the said justice shall proceed in the same manner, as far as practicable, as is prescribed by law for the prosecution, examination, discharge, committal or bailing of persons charged with misdemeanors before police justices in said city. In case the person so complained of, cannot be found within thirty days, it becomes the duty of said police justice to return said complaint to the Court of Special Sessions, in the same manner as complaints for misdemeanors are returned, with his certificate of the fact.2

The subsequent proceedings upon such recognizances, in the Court of Special Sessions, will be found pointed out in chapter 508, of the Laws of 1860.3

1 Laws 1860, ch. 508, § 1, p. 1007. * Laws 1860, ch. 508, § 7, p. 1007. 'Laws 1860, p. 1007.

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