was a good one. (o) The forms of the proceedings may resemble CHAP. VIII. those in the notes. (p) PREVENTION LEGALLY. (0) 4 Bla. C. 256; Hawk. b. 1, c. 60. Form of infor (p) Be it remembered, that on, &c., A. B. of, in the said county of [gentleman], came personally before me, J. K., one of his majesty's justices of the mation before peace in and for the said county at -, and on his oath informeth me that C. D., of justice out of &c. [labourer], did, on &c., at &c., most violently and maliciously declare and threaten, sessions to re&c., and did also on, &c. [here state the defendant's threats and acts; see a form post], quire surety of and that from the above premises he this complainant is afraid that the said C. D. will the peace or do him some grievous bodily injury; and therefore prays that the said C. D. may be good behaviour. required to find sufficient sureties to keep the peace [or, to be of good behaviour, as may be required; see form, Burn's J. 26 ed. No. 6, page 690,] towards him this complainant; and this complainant also says, that he doth not make this complaint against nor require such sureties from the said C. D. from any hatred, malice, or ill will, but merely for the preservation of his life and person from injury. Sworn before me, To the constable of J. K. County of , to wit. A. B. in the county of, and also to the keeper of his Form of commajesty's gaol for the said county. Whereas A. B. of —, in the said county, hath this day made oath before me, one of his majesty's justices of the peace in and for the said county, that C. D. of ——, in the said county, did, on the 10th day of May last, at the parish of in the said county, threaten to kill him the said A. B. by his the said C. D. running a pitch-fork through him the first opportunity when he caught him alone, and that from the above and other threats used by the said C. D. towards the said A. B. he the said A. B. is afraid that the said C. D. will do him some bodily injury, and therefore the said A. B. hath prayed that the said C. D. may be required to find sufficient sureties to keep the peace, and be of good behaviour towards him the said A. B. And whereas the said C. D. was this day brought before me to answer the said complaint, and I, the said justice, have ordered and adjudged, and do hereby order and adjudge, that the said C. D. shall enter into his own recognizance in the sum of 100l. with two sufficient sureties in the sum of 501. each, to keep the peace and be of good behaviour towards his majesty and all his liege people, and particularly towards the said A. B. And insomuch as the said C. D. hath refused to enter into such recognizance, and to find sureties as aforesaid, I do hereby require and command you the said constable forthwith to convey the said C. D. to the common gaol of the said county, and to deliver him to the said keeper thereof, together with this warrant. And I do also require and command you the said keeper to receive the said C. D. into your custody in the said gaol, and him there safely to keep, unless he in the mean time enter into such recognizance with such sureties as aforesaid, to keep the peace in the manner and for the term above-mentioned. Herein fail not. Given under my hand and seal, the day of J. K., (L. S.) one thousand eight hundred and thirty-three. mitment there upon for refusing sureties to keep the peace. At the quarter [or general quarter] sessions of the peace of our lord the king, holden Articles of peace at the New Sessions-house on Clerkenwell Green, in and for the county of Middlesex, exhibited at by adjournment, on Monday the first day of May, in the third year of the reign of our sessions Clerksovereign lord William the Fourth, king of the united kingdom of Great Britain and enwell, MiddleIreland, before W. M., J. P., W. D., E. F., esqrs., and others their fellows, justices of sex. our said lord the king, assigned to keep the peace of our said lord the king in and for Style of the the said county of Middlesex, and also to hear and determine divers felonies, tres- sessions. passes, and other misdeeds, committed in the same county. : Middlesex Articles of the peace exhibited by W. P., of Guildford-street, in the parish of St. Pancras, in the said county of Middlesex, gentleman, on behalf of himself and Hannah his wife, she the said Hannah being now confined through sickness in this exhibitant's dwelling-house, situate as aforesaid, against J. M., late of in the said county, shoemaker, in order to preserve the lives and persons of himself, this exhibitant, and the said Hannah his wife from bodily harm. First, this exhibitant upon his oath saith, &c. [Here state the subject matter of the complaint and causes of fear, which may be as in the form post, 680.] This exhibitant on his oath saith, that the said H. P., this exhibitant's said wife, is now so ill and weak that she cannot be removed from her home to attend this * See a form 5 Burn's J. 26 ed. 691. If the party required to find sureties be a Peer, (g) or if it be sworn that the local magistrates have improperly refused to honourable court, to join in exhibiting this complaint, and that he this exhibitant, by By the Court. First, This exhibitant upon his oath saith, that the above-named C. D. hath at several times abused him in a very gross and scandalous manner, by threatening to destroy him if he did not give him money. Secondly, This exhibitant further saith, on last, the said C. D. abused him in a violent manner in his own house, and shook at this exhibitant a large stick in a threatening manner, and as if he was about to beat this exhibitant, and uttered violent oaths and imprecations, and said that he would not quit him until he had got five guineas from him, and likewise threatened to him, this exhibitant, mischief, if he did not by some means or other get it for him: that this exhibitant being apprehensive of his family being hurt from his threats, went out with him to his sister's, and in the way there he cursed him this exhibitant, and with great violence struck his stick against the ground and broke it into pieces, to the great terror of him this exhibitant; and this exhibitant saith, that from the violent oaths and threats of the said C. D. to him, he was induced and obliged to sign a note for 51. payable to Mrs. A. D., his sister, to get released from him, and he was apprehensive that the said C. D., from his great passion, would destroy him, if he did not sign that note. Thirdly, This exhibitant further saith, that on, &c. the said C. D. came again to this exhibitant's house, and, in a most violent and terrible manner, and with very many horrid oaths and imprecations, threatened this exhibitant's life, by saying he would be revenged of him, and would pull down and fire the whole house if he did not give him more money, and bid him this exhibitant fail at his peril. Fourthly, This exhibitant further saith, that from the very many violent declarations made by the said C. D., he this exhibitant is under great fear, dread, and apprehension of some violent mischief being done unto him by the said C. D., and that by reason thereof he this exhibitant is obliged to keep within doors in order to prevent his putting his said threats into execution, and this exhibitant is in great danger of having his house set on fire and burnt by him the said C. D., as he this exhibitant apprehends and verily believes. Fifthly, This exhibitant further saith, that from the very many threats and declarations made by the said C. D., and from the advanced age and weak state of bealth of this exhibitant, in consequence of his great fear, dread, and apprehension for his safety, he was at the time last aforesaid taken extremely ill, and hath continued so ever since, and been attended by a physician. Lastly, This exhibitant saith, that he goeth in danger of his life, and of having his house set on fire from the said C. D.'s threats, and therefore he requireth sureties of the peace of the said C. D., not through any malice, hatred, or ill will towards the said C. D. but merely for the preservation of his life, family, and property from danger. Sworn, &c. A. B. Middlesex, to wit: Articles of the peace exhibited by E. the wife of C. D., of the parish of in the county of Middlesex, carver and gilder, against her husband the said C. D. at the general quarter sessions of the peace, held at the session's house on Clerkenwell-green, in and for the said county, on, &c. , A. D. First, This exhibitant upon her oatli saith, that she was married to the said C. D. in the month of and that since her marriage the said C. D. has repeatedly abused and ill-treated her, without any provocation, and threatened her life, and that once in particular, not long before this exhibitant was brought to bed, the said C. D. said that, &c. [stating the threat.] Secondly, This exhibitant further saith, that the said C. D. hath frequently kicked her this exhibitant, and otherwise ill-treated her, insomuch that she has been several times obliged to seek shelter with her child in her father's house, and had it not been for her parents she should have wanted for victuals and drink and the common necessaries of life. (9) Hawk. b. 1, c. 60, s. 3; Burn's J. Sureties, Peace, III. interfere, (r) or if the case be of sufficient importance as to be fit for the immediate interference of the Court of King's Bench, then the statute 21 Jac. 1, c. 8, regulates the proceeding, and enacts, that process of the peace or good behaviour shall not be granted either of the Court of Chancery or the King's Bench, but upon motion in open court, and declaration in writing and upon oath, to be exhibited by the party desiring such process, of the causes for which such process shall be granted; the motion and declaration to be indorsed on the back of the writ; and if it shall afterwards appear that the causes are untrue, the Court may order costs to the party grieved, and commit the applicant till paid. The Articles in the King's Bench are to be framed substantially in the same terms as those at sessions, and must particularly state the past as well as future personal danger, and other circumstances. (s) The form is usually as in the note. (s) The articles Thirdly, This exhibitant further saith, that on the 25th day of October last, as she the exhibitant and the said C. D. were coming home in a coach, the said C. D. grossly abused this exhibitant, and scratched her arms in a cruel manner, and that he struck her a violent blow on her face, which caused her nose to bleed and her eye to become blood-shotten, and that she suffered great pain therefrom for several days afterwards. Fourthly, This exhibitant further saith, that on or about the day of last, the said C. D. threatened the life of this exhibitant and her child, and spat in the said exhibitant's face 30 or 40 times, saying that if she offered to cry out or make any the least alarm, he would run the carving tools in her body. Lastly, This exhibitant saith, that she goeth in great danger of her life from the threats and ill treatment of the said C. D., and therefore she requireth sureties of the peace of the said C. D., not through any hatred or malice or ill-will towards the said C. D., but merely for the preservation of her life from danger. C. D. Surrey: At the general quarter sessions of the peace of our sovereign lord the king, holden at Guildford, in and for the county of Surrey, on the day of in the third year of the reign of king William the Fourth, A. B. of the parish of in the county of -, carpenter, prays security of the peace against C. D. of, &c. peelmaker, for fear of losing his life or receiving some bodily harm from the said C. D. First, This exhibitant saith, that, &c. &c. [same in other respects as in the preceding forms.] Rex v. Waite, 2 Burr. 780. See requisites, 21 Jac. 1, c. 8, ut supra. Of Easter Term, in the third year of the reign of King William the Fourth, England. Articles of the peace exhibited by E. B. wife of A. B. of, &c. gentleman, against the said A. B. her husband, through fear of death or of receiving some great bodily harm. First, This exhibitant on her oath saith, that she hath been married to the said A. B. for the space of six years and upwards, and that for the space of one year and, ten months before the 1st day of November last past, the said A. B. hath treated this exhibitant with great cruelty and barbarity, and without any provocation whatever from this exhibitant, and in particular hath frequently during the time last aforesaid, struck and threatened to strike this exhibitant, and dragged her about his dwellinghouse. Secondly, This exhibitant on her oath saith, that the said A. B. having made a voyage to the East Indies, returned on or about the, &c. and soon after his return commenced or renewed an acquaintance with a woman who was known by the name of E., with whom, as well as with other women, the said A. B. frequently cohabited, as this exhibitant hath great reason to believe, this exhibitant having known the said woman * See proceedings before the Chancellor, Tunnecliffe's case, 1 Jac. & W. 348, post, 683. CHAP. VIII. PREVENTION LEGALLY. Form of articles of the peace used at the Sur rey sessions, to be exhibited on parchment. Articles of the peace exhibited by a wife against her husband in the King's Bench." OF INJURIES LEGALLY. CHAP. VIII. must, by the terms of the above act, be verified by the oath of PREVENTION the exhibitant, (t) or by affirmation of a quaker. (u) This oath or affirmation should not be entitled with any names, though affidavits in answer must be so entitled. (r) In general it is advisable to have corroborative affidavits, but no affidavit in contradiction of the facts respecting the battery or injury, and threat of repetition, are to be received, as they are to be taken to be true until negatived through the medium of an appropriate prosecution; (y) but an explanation of ambiguous parts of the exhibitant's affidavits may be received; (2) and it should seem that affidavits showing direct evidence of express malice on the part of the applicant, such as a declaration to that effect, though not of inferred malice collected from general reasoning or collateral circumstances, may be received. (a) The Court of King's Bench may require a Recognizance with sureties to keep the peace for any term of years (and which they may afterwards reduce (b)) or generally, in which case it called by the name of E. shut into the said A. B.'s bed-room, where she hath remained with him several hours. And this exhibitant saith, that the said A. B. compelled this exhibitant to reside in mean lodgings, different from his place of residence, and that whenever this exhibitant ventured to go to the said A. B.'s chambers to expostulate with him on his ill treatment, he hath beaten or threatened to beat this exhibitant; and this exhibitant saith, that at one time in particular, during the time last aforesaid, the said A. B. did with a violent blow knock this exhibitant down in the said chambers, and that this exhibitant, in consequence of the said blow, lay senseless for a considerable time. Thirdly, This exhibitant on her oath saith, that by means of the cruel treatment of the said A. B. before set forth, and particularly of his having at divers times within the space of three months last past, as this exhibitant hath been informed and believes, threatened to seize, confine, beat, maim or ill treat this exhibitant; she, this exhibitant, is put into the utmost fear and danger, and verily believes that the said A. B. will put his said threats into execution, and will do this exhibitant some bodily hurt, and therefore this exhibitant is prevented from going out upon her lawful occasions until she can obtain that protection from the laws of this country which this honourable court has authority to grant. And this exhibitant further saith, that she is now under great fear and apprehension that the said A. B. will take the first opportunity of doing this exhibitant some bodily hurt, unless he is restrained therefrom by this honourable court, and therefore this exhibitant most humbly craves that the said A. B. may be ordered by this honourable court to find sufficient suretics for keeping the king's peace towards this exhibitant. Lastly, This exbibitant saith, that she doth not make this complaint against the said 4. B. through any hatred, malice or ill will which she hath or beareth towards him, but merely for the preservation of her life, and also of her person from bodily harm. E. B. The above-named E. B. was sworn to the truth of the above premises, on Saturday next after, in the third year of the reign of King William the Fourth. PREVENTION continues during life; (c) and where the party required to give CHAP. VIII. the security is aged or ill, or at a distance, the court will authorize, and by mandamus command, local justices to take the recognizance specifying the form. (d) LEGALLY. The Chancellor is by the common law a conservator of the By the Chanpeace, and may award precepts and take recognizance of the cellor. peace, (e) and upon oath, and proceedings regulated by the before-mentioned statute and Supplicavit, he is expressly authorized to require sureties of the peace. (f) But sureties in that court are not so frequent, unless when connected with some other pending proceeding; many instances of that proceeding are however to be found. (g) It is said that a supplicavit has often been granted by the court upon articles filed on oath by a wife of assault and battery, and that the party goes in fear of her life, (h) and a case of that nature has recently occurred. (i) But in some cases the writ has been refused, and the party directed to apply to justices of the peace. (k) To grant the writ the articles should not be in the general form as fearing, "being threatened," &c. but some fact must be shown on which the fear is grounded. (1) This court will only bind a husband for his good behaviour, and will not remove his wife from him; (m) and in this court, as at sessions and in the Court of King's Bench, the defendant will not be discharged on an affidavit contradicting the facts, without showing combination and contrivance; (n) but it is usual to discharge the defendant at the end of a year, unless repetition of personal injury appear. (o) With respect to the required sureties they have been some time reduced, (p) and the master has been directed not to be strict as to the abilities of the sureties. (q) half of a wife. It is principally on the part of a wife against cruelty and Articles on bepersonal injury from a husband that articles of the peace are exhibited. (r) Where such an application is founded on good ground, it is considered so necessary, that an attorney employed (c) Hawk. b. 1, c. 60, s. 15; Willes v. Bridges, 2 Bar. & Ald. 278. (d) Rex v. Rowmaster, 1 Bla. R. 233; 2 Burr. 1039, S. C.; and Rex v. Lewis, Stra. 835. (e) 1 Mad. Ch. Prac. 2. (f) Burn's J. Sureties, Peace, III. & VII. (g) See 1 Mad. Ch. Pr. 11, and the cases there collected; 2 Chit. Eq. Dig. tit. Practice, xciii. 5, Writ of Supplicavit, 1160; Beame's Orders, 39, when and how to be granted. (h) Dobbin's case, 3 Vescy & Bea. 182; Tunnecliffe's case, 1 Jac. & W. 348. 8 Tunnecliffe's case, 1 Jac. & W. 348. |