Commonwealth v. Braynard

Decided March 19, 1828

Massachusetts Supreme Judicial Court · decided 1828-03-19

<p>Where one, being under a recognizance to keep die peace, committed a breach of the peace, for which he was indicted and fined, it was held that he was nevertheless liable to an action for the penalty of the recognizance.</p>

Decided 1828-03-19

¶1 Defendant defaulted. 1

¶2 A recognizance of hail is not designed as a satisfaction of the offence, when it is forfeited and paid, but as a means of compelling the party to submit to the trial and punishment, which the law ordains for his offence. Ex parte Milburn, 9 Peters, 710.