Public-domain · open source
OpenJurist

4 Mass. 497

Commonwealth v. Ward

Massachusetts Supreme Judicial Court

Decided September 15, 1808

Massachusetts Supreme Judicial Court · decided 1808-09-15

The defendant was brought into Court by the keeper of the jail in this county, in obedience to a writ of habeas corpus cum cama, which had issued to him on motion returnable instanter. From the jailer’s return, it appeared that the defendant was committed by a justice of the peace for the county, for not finding sureties of the peace.

Cited by 1 later decisions — most recently April 1851

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1808-09-15

View the full empirical analysis of this case →

By the Court.

¶1Here is no complaint recited, which ought always to be done for the information of the Court upon a habeas corpus. The justice has wholly misconceived his authority. When one is brought before a justice of the peace, on articles of the peace exhibited against him, tlje justice, if satisfied that there is ground for further proceedings, is to order him to recognize with sureties for his appearance at the next Court of Common Pleas, and, in the *434mean time, to keep the peace towards all the citizens, and especially towards the complainant. When one is charged with a bailable offence, and, on examination, the justice is of opinion that there is sufficient cause, he is to take a recognizance for his appearance at the next court having jurisdiction of the offence charged.

¶2In the present case, the prisoner was required to find sureties of the peace for the term of two years, which was altogether beyond the authority of the justice, and the commitment was illegal. Let the prisoner be discharged, and go without day

/4/mass/497 · .json · Public domain