Peace Bond Statutes

Why does this page exist? Because briefs are being submitted to the federal courts that misrepresent the content of many of these statutes and cite laws that do not exist, such as this. Because courts tend to accept the essential honesty of briefs submitted to them, it seemed necessary to put together a list of these statutes with images to allow independent verification of the contents of these frequently cited statutes. Along with the images, there is a link to the session laws from which they come. Google "Bellesiles scndal" and you will see why trusting the integrity of academics is often foolish.

While reading a California Attorney-General's brief in Baird v. Becerra. I found myself looking up a number of "peacebond" statutes. The California AG's brief claimed that:

Looking up these statutes in the statute laws, I found some surprises: many of these statutes are mischaracterized and some simply do not exist at the cited locations. It appears that they copied these claims from a Duke University Law School web page. Duke University Law School has a page with many of these citations. Because the actual session laws cited do not match these claims, apparently because of reliance on HeinOnline databases which do not match the official published session laws, I have provided not just a text, but also images of the cited pages and a link to the original source.

Peace Bonds Laws in Antebellum America That Either Prohibit Arms Carrying or Are Misrepresented As Doing So

Peace Bonds Laws in Antebellum America That Make No Mention of Arms

The quote from 1836 Mass. Laws 748, 750, ch. 134, § 16 was so heavily edited as to be deceptive. An 1847 manual for Massachusetts Justices of the Peace gives the entire text:

image source volume: Davis, The Massachusetts Justice: A Treatise Upon the Powers and Duties of Justices of the Peace 202 (1847). The Massachusetts law only allowed arrest if someone had demanded a peace bond against the armed person who had carried arms after posting such a bond. The peace-bond only applied if the person lacked "reasonable cause to fear an assault or other injury or violence to his person, or to his family or property..." This was specific to an individual; it was not a generally applicable law.

Wisconsin Territory (1838)

AN ACT to prevent the commission of crimes.

§ 1. That the justices of the supreme court and district courts in vacation, as well as in open court, and all justices of the peace, shall have power to cause all laws made for the preservation of the public peace, to be kept; and in the execution of that power may require persons to give security to keep the peace, or for their good behavior or both in the manner provided in this statute.

§ 2. Whenever complaint shall be made to any such magistrate, that any person has threatened to commit an offence against the person or property of another, the magistrate shall examine the complaint [complainant] and any witness who may be produced, on oath, and reduce such complaint to writing, and cause the same to be subscribed by the complainant.

§ 3. If, upon examination, it shall appear that there is just cause to fear that any such offence may be committed, the magistrate shall issue a warrant under his hand, reciting the substance of the complaint, and requiring the ofiicer to whom it may be directed, forthwith to apprehend the person complained of, and bring him before such magistrate, or some other magistrate or court having jurisdiction of the cause.

§ 4. When the party complained of is brought before the magistrate, he shall be heard in his defence, and he may be required to enter into a recognizance, and with sufiicient sureties, in such sum as the magistrate shall direct, to keep the peace towards all the people of this territory, and especially towards the person requiring such security, for such term as the magistrate shall order, not exceeding six months ; but he shall not be ordered to recognize for his appearance at the district court, unless he is also charged with some offence for which he ought to be held to answer at said court.

§ 5. Upon complying with the order of the magistrate the party complained of shall be discharged.

§ 6. If the person so ordered to recognize shall refuse or neglect to comply With such order, the magistrate shall commit him to the county jail during the period for which he was required to give security, or until he shall so recognize, stating in the warrant the cause of commitment, with the sum and time for which security was required.

§ 7. If, upon examination, it shall not appear that there is just cause to fear that any such offence will be committed by the party complained of, he shall be forthwith discharged; and if the magistrate shall deem the complaint unfounded, frivolous or malicious, he shall order the complainant to pay the costs of prosecution who shall thereupon be answerable to the magistrate and the officer for their fees as for his own debt.

§ 8. When no order respecting the costs is made by the magistrate, they shall be allowed and paid in the same manner as costs before justices in criminal prosecutions ; but in all cases where a person is required to give security for the peace or for his good behaviour, the magistrate may further order the costs of prosecution, or any part thereof, shall be paid by such person, who shall stand committed until such costs are paid, or he is otherwise legally discharged.

§ 9. Any person aggrieved by the order of any justice of the peace, requiring him to recognize as aforesaid, may, on giving the security required, appeal to the district court next to be holden in the same county, or that county to which said county is attached for judicial purposes.

§ 10. The magistrate from whose order an appeal is so taken, shall require such wtnesses as he may think necessary to support the complaint to recognize for their appearance at the court to which the appeal is made.

§ 11. The court before which such appeal is prosecuted, may affirm the order of the justice or discharge the appellant, or may require the appellant to enter into a new recognizance, with sufficient sureties, in such sum and for such time as the court shall think proper, and may also make such order in relation to the costs of prosecution, as he may deem just and reasonable.

§ 12. If any party appealing shall fail to prosecute his appeal, his recognizance shall remain in full force and effect as to any breach of the condition, without an affirmation of the judgment or order of the magistrate and shall also stand as a security for any costs which shall be ordered by the court appealed to, to be paid by the appellant.

§ 13. Any person committed for not finding sureties, or refusing to recognize as required by the court or magistrate, may be discharged by any judge or justice of the peace on giving such security as was required.

§ 14. Every recognizance taken in pursuance of the foregoing provisions shall be transmitted by the magistrate to the district courtfor the county on or before the first day of the next term, and shall be there filed of record by the clerk.

§ 15. Ay person who shall, in the presence of any magistrate mentioned in the first section of this statute, or before any court of record, make an affray, or threaten to kill or beat another, or to commit any violence or outrage against his person or property, and every person who, in the presence of such court or magistrate, shall contend, with hot and angry words, to the disturbance of the peace, may be ordered, without process or any other proof, to recognize for keeping the peace and being of good behavior, for a term not exceeding six, months, and in case of refusal may be committed as before directed.

§ 16. If any person shall go armed with a dirk, dagger, sword, pistol or pistols, or other offensive and dangerous weapon, without reasonable cause to fear an assault or other injury, or violence to his person, or to his family, or property, he may, on complaint of any other person having reasonable cause to fear an injury or breach of the peace, be required to find sureties for keeping the peace for a term not exceeding six months, with the right of appealing as before provided.

image 1838 Wisc. Laws 381, § 16 source volume: Statutes of the Territory of Wisconsin : passed by the Legislative Assembly thereof, a Session commencing in November 1838, and at an adjourned Session commencing in January, 1839

This is essentially the same language as Massachusetts.

Michigan

image: 1846 Mich. Laws 690, 692, ch. 162, § 16;

source volume: Revised Statutes of the State of Michigan, Passed and Approved May 18, 1846

uses essentially the same language as Massachusetts.

Maine

Cited as "1841 Me. Laws 707, 709, ch. 169, 16." There is a ch. 169: "Resolve in relation to the Military road."

Image: 1841 Me. Laws 532, ch. 169.

source volume: Acts and Resolves, Passed by the TwentyFirst Legislature of the State of Maine (1841).

There is a Maine statute elsewhere.

SEC. 1. The judges of the supreme judicial court, and of municipal and police courts, in vacation or in court, and justices of the peace in their counties, shall have power to cause all laws for the preservation of the public peace to be kept; and in the execution thereof may require persons to give security to keep the peace and be of good behavior, as hereinafter provided.

SEC. 2. Any such magistrate, on complaint that any person threatens to commit an offence against the person or property of another, shall examine, on oath, the complainant and any other witnesses produced, reduce the complaint to writing, and cause the complainant to sign it; and, if on examination of the facts be thinks there is just cause to fear the commission of such offence, he shall issue a warrant reciting the substance of the complaint, and commanding the officer, to whom it is directed, forthwith to arrest the accused and bring him before such magistrate or court.

SEC. 3. When the accused is brought before the magistrate and his defence is heard, he may be ordered to recognize, with sufficient sureties, in the sum required by the magistrate, to keep the peace towards all persons, and especially towards the person requring the security, for a term not exceeding one year, and to pay the costs of prosecution; but shall not be bound over to any court, unless he is also charged with some other specific offence requiring it.

SEC. 4. If the accused complies with such order, he shall be discharged; but if he does not, he shall be committed to the county jail for the time for which he was required to find sureties, or till he complies with such order; and the magistrate shall state in the mittimus the cause of commitment, and the time and sum for which security was required, and return a copy of the warrant to the next supreme judicial court in said county, and such court shall have cognizance of the case, as if the accused had appealed thereto.

SEC. 5. If the magistrate, on examination of the facts, is not satisfied that there is just cause to fear the commission of any offence, he shall immediately discharge the accused; and if he judges the complaint unfounded, frivolous, or malicious, he may order the complainant to pay the costs of prosecution, who shall thereupon be answerable to the magistrate, officer, and witnesses for their fees as for his own debt.

SEC. 6. Any person aggrieved by the order of such magistrate requiring him thus to recognize, on giving the security required, may appeal to the next supreme Judicial court m the same county; and the magistrate shall thereupon require such witnesses, as he thinks proper, to recognize to appear at the appellate court; and such court may affirm or reverse the order of the magistrate, require the accused to recognize anew with sufficient sureties, and make such order as to costs as they deem reasonable.

SEC. 7. If the appellant fails to prosecute his appeal, his recognizance shall be in force for any breach of its conditions without an affirmation of said order, and stand as security for any costs which he is ordered by the court to pay.

SEC. 8. Any person committed for not recognizing as aforesaid may be discharged by ay judge or justice of the peace, giving the security required.

SEC. 9. Whoever, in the presence of any of the magistrates aforesaid, or any court of record, makes an affray; threatens to kill or beat another, or commit any violence against his person or property; or contends with hot and angry words to the disturbance of the peace, may be ordered, without process or other proof, to recognize to keep the peace and be of good behavior for a term not exceeding three months, and otherwise dealt with as is provided in the preceding sections.

SEC. 10. Whoever goes armed with any dirk, pistol, or other offensive and weapon, without just cause to fear an assault on himself, family, or property, on complaint of any person having cause to fear an injury or breach of the peace, may be required to find sureties to keep the peace for a term not exceeding one year, and, in case of refusal, may be committed as provided in the preceding sections.

image source volume: Revised Statutes of the State of Maine, Passed April 17, 1857 698-9 (1857).

Oregon

Cited as "1853 Or. Laws 218, 220, ch. 16, § 17." The language is different from the Massachusetts, Wisconsin, and Michigan statutes but again is not a general prohibition but specific to a person making threats against another. "If any person shall go armed with a dirk, dagger, sword, pistol, or other affensive and dangerous weapon, without reasonable cause to fear an assault, injury, or other violence to his person, or to his family or property, he may, on complaint of any other person, having reasonable cause to fear injury, or breach of the peace, be required to find sureties for keeping the peace for a term not exceeding six months, with the right of appealing as before provided."

images: 1853 Or. Laws 218; 1853 Or. Laws 219; 1853 Or. Laws 220

source volume: Statutes of Oregon

Virginia

"1847 Va. Laws 127, 129, ch. 14, § 16." Pages 127 and 129 are irrelevant. Ch. 14 appears on page 15: "An Act concerning the state courtheuse."

source volume: Acts of the General Assembly of Virginia (1847)

Minnesota Territory

SEC. 1. The judges of the several courts of record, in vacation as well as in open court, and all justices of the peace, shall have power to cause all laws made for the preservation of the public peace, to be kept, and in the execution of that power, may require persons to give security to keep the peace, or for their good behavior, or both, in the manner provided in this chapter.

SEC. 2. Whenever complaint shall be made to any such magistrate, that any person has threatened to commit an offence against the person property of another, the magistrate shall examine the complainant an any witness who may be produced, on oath, and reduce such complaint to writing and cause the same to be subscribed by the complainant.

SEC. 3. If upon examination, it shall appear that there is just cause to fear that any such offence may be committed, the magistrate shall issue a warrant under his hand, reciting the substance of the complaint, and requiring the officer to whom it may be directed, forthwith to apprehend the person complained of, and bring him before such magistrate or some other magistrate or court, having jurisdiction of the cause.

SEC. 4. The magistrate before whom any person is brought upon charge of having made threats as aforesaid, shall as soon as may be, examine the complainant and the witnesses to support the prosecution, on oath, in the presence of the party charged, in relation to any matters connected with such charge, which may be deemed pertinent.

SEC. 5. After the testimony to support the prosecution, the witnesses for the prisoner, if he have any, shall be sworn and examined, and he may be assisted by counsel in such examination, and also in the cross examination of the witnesses in support of the prosecution.

SEC. 6. If upon examination it shall appear that there is just cause to fear that any such offence will be committed by the party complained of, he shall be required to enter into a recognizance and with sufficient sureties, in such sum as the magistrate shall direct, to keep the peace towards all the people of this territory, and especially towards the persons requiring such security, for such term as the magistrate shall order, not exceeding six months; but he shall not be ordered to recognize for his appearance at the district court, unless he is charged with some offence for which he ought to be held to answer at said court.

SEC. 7. Upon complying with the order of the magistrate, the party complained of shall be discharged.

SEC. 8. If the person so ordered to recognize shall refuse or neglect to comply with such order, the magistrate shall commit him to the county jail during the period for which he was required to give security, or until he shall so recognize, stating in the warrant the cause of commitment, with the sum and time for which security was required.

SEC. 9. If, upon examination, it shall not appear that there is just cause to fear that any such offence will be committed by the party complained of, he shall be forthwith discharged; and if the magistrate shall deem the complaint unfounded, frivolous, or malicious, he shall order the complainant to pay the costs of prosecution, who shall thereupon be answerable to the magistrate and the officer for their fees as for his own debt.

SEC. 10. When no order respecting the costs is made by the magistrate, they shall be allowed and paid in the same manner as costs before justices in criminal prosecutions; but in all cases where a person is required to give security for the peace or for his good behavior, the magistrate may further order the costs of prosecution or any part thereof to be paid by such person, who shall stand committed until such coats are, paid, or he is otherwise legally discharged.

SEC. 11. Any person aggrieved by the rder of any justice of the peace requiring him to recognize as aforesaid, may, on giving the security required, appeal to the district court next to be holden in the same county, or that county to which said county is attached for judicial purposes.

SEC. 12. The magistrate from whose order an appeal is so taken, shall require such witnesses as be may think necessary to support the complaint, to recognize for their appearance at the court to which appeal is made.

SEC. 13. The court before which such appeal is prosecuted, may affirm the order of the justice or discharge the appellant, or may require the appellant to enter into a new recognizance, with sufficient sureties, in such sum and for such time as the court shall think proper, and may also make such order in relation to the costs of prosecution as he may deem just and reasonable.

SEC. 14. If any party appealing, shall fail to prosecute his appeal, his recognizance shall remain in full force and effect as to any breach or the condition, without an affirmation of the judgment or order or the magistrate, and shall also stand as a security for any costs which shall be ordered by the court appealed to, to be paid by the appellant.

SEC. 15. Any person committed for not finding sureties, or refusing to recognize as required by the court or magistrate, may be discharged by any judge or justice of the peace on giving such security as was required.

SEC. 16. Every recognizance taken in pursuance of the foregoing provision, shall be transmitted by the magistrate to the district court for the county, on or before the first day of the next term, and shall be there filed of record by the clerk.

SEC. 17. Any person who shall in the presence of any magistrate mentioned in the first section of this chapter, or before any court of record make an affray, or threaten to kill or beat another, or to commit any violence or outrage against his person or property, and every person, who, in the presence of such court or magistate, shall contend with hot and angry words, to the disturbance of the peace, may be ordered without process or any other proof, to recognize for keeping the peace, and being of good behavior, for a term not exceeding six months, and in case of a refusal, may be committed as before directed.

SEC. 18. If any person shall go armed with a dirk, dagger, word, pistol or pistols, or other offensive and dangerous weapon, without reasonable cause to fear an assault or other injury or violence to his person, or to his family, or property, he may, on complaint of any other person having reasonable cause to fear an injury or breach of the peace, be required to find sureties for keeping the peace, for a term not exceeding six months, with the right of appealing as before provided.

SEC. 19. Whenever upon a suit brought on any such recognizances, the penalty thereof shall he adjudged forfeited, the court may remit such portion of the penalty, on the petition of any defendant, as the circumstances of the caae shall render juat and reasonable.

SEC. 20. Any surety in a recognizance to keep the peace, or for good behavior, or both, shall have the same autherity and right to take and surrender his principal, as if he had been bail for him in a civil case, and upon such surrender, shall be discharged and exempt from all liability for any act of the principal, subsequent to such surrender, which would be a breach of the condition of the recognizance; and the person so surrendered may recognize anew, with sufficient sureties, before any justice of the peace for the residue of the term, and thereupon shall be discharged.

image source volume: Minnesota. Revised Statutes, of the Territory of Minnesota, Passed at the Second Session of the Legislative Assembly, Commencing January 1, 1851 5279 (1851).

uses essentially the same language as Massachusetts

Pennsylvania

"1861 Pa. Laws 248, 250, § 6." This is an involuntary commitment statute: "A supplement to the several acts of the Assembly relative to the Pennsylvania State Lunatic Asylum." No mention of arms of any sort. images: 248, 249, 250

Source: Laws of the General Assembly of the Commonwealth of Pennsylvania (1861)

Other Peace-Bond Statutes

In addition to the peacebond statutes misrepresented in the California AG's brief, below are the other peacebond statutes for the period before adoption of the 14th Amendment.

Alabama

§ 3340. Whenever complaint is made to a magistrate, that any person has threatened or is about to commit an offence on the person or property of another, he must examine the complainant, and any witness he may produce, on oath, reduce such examination to writing, and cause it to be subscribed by the parties so examined.

§ 3341. If on such examination it appears that there is reason to fear the commission of any such offence, by the person complained of, the magistrate must issue a warrant, directed to any lawful officer of the state, containing the substance of the complaint, and commanding such officer forthwith to arrest the person complained of, and bring him before him, or some other magistrate, having jurisdiction of the matter.

§ 3342. Such warrant may be executed by either of the officers named in section 3385.

§ 3343. When the person complained of is brought before the magistrate, he and his witness must be heard in his defence.

§ 3344. If on hearing of the witnesses on both sides, it appears that there 1s no just reason to fear the commission of the offence, the defendant must be discharged; and if the magistrate regard the complaint as unfounded or frivolous, he may order the complainant to pay the costs of prosecution.

§ 3345. Upon making such order, the complainant is answerable to the magistrate, and the officer executing the warrant for their costs, and an execution may issue to coerce the payment.

§ 3346. If however there is just reason to fear the commission of such offence, the defendant must be required to : give security to keep the peace, in such sum as the magistrate may direct, towards all the people of this state, and particularly towards the person against whom, or whose property there is reason to fear the offence may be committed, for such time as the magistrate directs, not more than twelve and not less than six months; but the defendant must not be required to appear at the next term of the circuit court unless he has actually committed an offence cognizable in such court.

image source volume: John J.; Bagby Ormond, Arthur P.; Goldwaite, George. Code of Alabama 599 (1852)

Arkansas

SECTION 371. A person may be arrested for the purpose of requiring of him security to keep the peace, or for his good behavior, in the following cases:

' First.Upon the complaint, on oath of a person threatened, to a magistrate, that the defendant has threatened to commit an offense against his person or property, and upon the magistrate being satisfied, by an examination on oath of the complainant or others, that there are reasonable grounds to fear the commission of the offense threatened.

Second.Upon information given on oath to a magistrate, by any person, that the defendant is about to commit violence endangering human life, or is about to commit an offense amounting to felony, and the magistrate is satisfied, by an examination on oath of the informant or others, that there are reasonable grounds for apprehending the commission of such violence or felony.

Third.When a magistrate or court is satisfied, by the conduct or words of a person in the presence of such magistrate or court, or from proof given before such magistrate or court, that there are reasonable grounds for apprehending that such person will commit an offense against the person or property of another.

SECTION 372. If the defendant is in the presence of the court or magistrate, a peace officer shall be verbally directed by the court or magistrate to take him into custody. If not in the presence of a magistrate, he shall issue a warrant of arrest, directed to any peace officer of the county, city or town, commanding him to arrest the defendant and bring him before the magistrate. The complaint, information, or proof, shall be briefly recited in the warrant.

SECTION 373. Upon the defendant being brought before the magistrate, or being taken into custody by order of a court or magistrate, the court or magistrate shall hear the evidence which may be produced on either side; and if satisfied that there are reasonable grounds for apprehending that the defendant will commit an offense against the person or property of another, or will commit violence endangering human life, or an offense amounting to felony, may require of him surety to keep the peace, or for his good behavior, in a sum not exceeding five theusand dollars where human life is endangered, or one theusand dollars in other cases; and, in default of giving such security, may commit the defendant to jail.

SECTION 374. When the security is required by a circuit, county, or pi>lice court, it may be for keeping the peace or for good behavior, any length of time not exceeding one year. Where it is required by a magistrate, it shall be for keeping the peace, or for good behavior until the defendant shall appear before the circuit court of the county, on the first day of its next term, before which court the defendant shall also be bound, with security, to appear, and not depart without leave of the court.

SECTION 375. The magistrate shall return the bond of the defendant and his surety, for his appearance and keeping the peace, to the clerk of the circuit court before its next term.

SECTION 376. Upon the defendant appearing, the court shall examine the case, and either discharge the defendant or require security to keep the peace, or for his good behavior, for a period not exceeding one year; and in default of giving such security, may commit the defendant to jail for a period to be fixed by the court, not exceeding three months, unless he shall in the meantime give security. Where a defendant is committed to jail for a failure to give security as above provided, the cause of commitment and the sum in which he is required to give security, shall be stated in the written order of commitment, which shall be delivered to the jailor.

SECTION 377. Any magistrate or probate judge may take the security required by the foregoing provisions of a defendant committed to jail for default of giving such security.

SECTION 378. Where the proceedings are taken upon the complaint of the person threatened if he fails to appear before the court or magistrate, the defendant shall be discharged.

SECTION 379. Unless the court or magistrate is satisfied that there are reasonable grounds for believing that the defendant will commit an offense against the person or property of another, or commit violence endangering human life, or an offense amounting to a felony, he shall be discharged.

SECTION 380. The following are the breaches of the bond required in this Chapter:

First.The failure of the defendant to appear in the circuit court, where the bond requires such appearance, or departing therefrom before he is lawfully discharged.

Second.A judicial conviction of the defendant of an offense involving a breach of the peace, within the period specified in the bond.

Third.A judicial conviction of the defendant of a felony within the, time specified in the bond, where the bond is for his good behavior.

SECTION 381. The prosecuting attorney may proceed by action, in the name of the State, against the defendant and his security, upon a breach of the bond.

SECTION 382. Where the security required in this Chapter is given in court, it may be by a recognizance entered into in open court, and entered upon the records by the clerk.

image source volume: Code of Practice in Civil and Criminal Cases for the State of Arkansas 339-342 (1869)

California

SECURITY TO KEEP THE PEACE.

SECTION 20. A complaint may be laid before any of the magistrates mentioned in section one hundred and four, that a person has threatened to commit an offence against the person or property of another.

SEC. 21. When the complaint is laid before the magistrate, he shall examine on oath the complainant, and any witnesses he may produce, and shall take their depositions in writing and cause them to be subscribed by the parties making them.

SEC. 22. If it appears from the depositions that there is just reason to fear the commission of the offence threatened by the person so complained of, the magistrate shall issue a warrant, directed generally to the sheriff of the county, or any constable, marshal, or policeman, in the state, reciting the substance of the complaint, and commanding the officer forthwith to arrest the person complained of, and bring him before the magistrate.

SEC. 23. When the person complained of is brought before the magistrate, if the charge be controverted, the magistrate shall take testimony in relation thereto. The evidence must be reduced to writing, and subscribed by the witnesses.

SEC. 24. If it appear that there is no just reason to fear the commission of the offence alleged to have been threatened, the person complained of shall be discharged.

SEC. 25. If, however, there be just reason to fear the commission of the offence, the person complained of may be required to enter into a bond in such sum, not exceeding five theusand dollars, as the magistrate may direct, with one or more sufficient sureties, to keep the peace towards the people of this state, and particularly towards the complainant. The bond shall be valid and binding for six months, and may, upon the renewal of the complaint, be extended for a longer period, or a new bond may be required.

SEC. 26. If the bond required by the last section be given, the party complained of shall be discharged. If he do not give it, the magistrate shall commit him to prison, specifying in the warrant the requirement to give security, the amount thereof, and the omission to give the same.

SEC. 27. If the person complained of be committed for not giving the bond required, he may be discharged by any magistrate upon giving the same.

SEC. 28. A bond given, as provided in section twentyfive, must be filed by the magistrate in the office of the clerk of the county.

SEC. 29. Any person who, in the presence of a court or magistrate, shall assault, or threaten to assault another, or to commit any offence against his person or property, or who shall contend with another with angry words, may be ordered by the court or magistrate to give security, as is provided in section twentyfifth, or, if he refuse to do so, may be committed, as provided in section twentysixth.

SEC. 30. A bond to keep the peace shall be broken on conviction of the person ccomplained against of a breach of the peace.

SEC. 31. Upon the district attorney's producing evidence of such conviction to the court of sessions of the county, the court shall order the bond to be prosecuted, and the district attorney shall thereupon commence an action on the same, in the name of the people of this state.

SEC. 32. In the action, the offence stated in the record of conviction shall be alleged as a breach of the bond, and shall be conclusive evidence thereof.

SEC. 33. No security to keep the peace or be of good behavior shall be required except as required in this chapter.

image source volume: S. Garfielde, Compiler; Snyder, F. A., Compiler. Compiled Laws of the State of California: Containing All the Acts of Legislature of a Public and General Nature, Now in Force, Passed at the Sessions of 1850-51-52-53, 426-427(1853).

Colorado (Jefferson Territory)

SECURITY TO KEEP THE PEACE

SEC. 127. The judges of the supreme, district and county courts, muyors of cities or towns, and justices of the peace, are magistrates and have power to to caue all laws made for the preservation of the public peace, to be kept, and in the execution of that power, may require persons to give security to keep the peace in the manner provided in this chapter.

SEC. 128. Whenever complaint is made to a magistrate that any person has threatened to commit any offense against the person or property of another, it is the duty of the magistrate to examine such complaints and any witnesses he may produce on oath, and to reduce such examination to writing, and cause the same to be subscribed by the parties so examined.

SEC. 129. If it appears from such examination, that there is just cause to fear the commission of any public offence, such magistrate must issue a wararrant under:his hand directed generally to the sheriff of the county, or any constab}e, marshal, or policeman of the oity or town, reciting the information and commanding the officer forthwith to arrest the person complained of, and bring him before the magistrate.

SEC. 130. When the person complained of, is brought before the magistrate, if the charge be controverted, the magistrate must take testimony in relation thereto. The evidence must be reduced to writing and subscribed by the witnesses.

SEC. 131. If it appear that there is no just reason to fear the commission of the offence alledgcd, the person complained of must be discharged.

SEC. 132. If there be just reason to fear the commission of the offcnce, the person complained of, may be roquired to enter into a recognizance in such sums as the magistrate may direct, with one or more sufficont sureties, to abide the order of the next district court of the county, and in the meantime to keep the peace toward the pcople of this Territory, and particularly toward the complainant.

SEC. 133. If the recognizance required by the last section be given, the party complained of must be discharged. If he do not give it, the magistrate must commit him to prison, specifying in the warrant the requirements to give security, the amount thereof, and the omission to give the same.

SEC. 134, If the person ccomplained of be committed for not giving a recognizance, he may be discharged by a magistrate upon giving the same.

SEC. 135. The recognizance, together with the complaint, depositions and other papers in the cause, must bo returned by the magistrates to the District Court of the County, on the first day of the next term thereof.

SEC. 136. Any person who, in the presence of a Court, or Magistrate, shall assault, or threaten to assault, another, or or to commit an offense against his person or property, may be ordored hy the Court or Magistrate to give security as provided in the section relating to keeping the peace.

SEC. 137, A person who has entered into recognizance to keep the peace, must aooear on the first day of the next term of the District Court of the County; and if the complaintant appear and the defandant do not appear, the court may forfeit the recognizance, and order the same to be prosecuted.

SEC. 138. If neither the complainant nor the defendant appear, the court must discharge the recognizance on payment of costs by the defendant; but if both parties appear, the court may hear their proofs and allegations, and may either discharge the recognizance, or require a new one for a time not exceeding one year.

image source volume: Provisional Laws and Joint Resolutions Passed at the First and Called Sessions of the General Assembly of Jefferson Territory, Held at Denver City, J.T. 23-24 (1860).

Virginia

Conservators of the peace; their powers and duties. §1. Every judge throughout the State, and every justice and commissioner in chancery, within his county or corporation, vior, shall be a conservator of the peace, and may require from persons not of good fame,¹ a security for their good behavior, for a term not exceeding one year. (1 R. C. p. 263, ch. 74; Acts 18478, p. 127, ch. 14, § 1, 17.)

¹ Under the act of 84 Edw. 3, c. I, which uses the same general mode of expression, it hath been holden, that a man may be bound to his good behavior for causes of scandal contra bono mores, as well as against the peace; as for haunting bawdy houses with women of bad fame, or for keeping such women in his house. Thus, also, night-walkers, eaves-droppers, such as keep suspicious company, or are reported to be pilferers or robbers; such as sleep in the day and walk in the night; common drunkards; whore-masters; the putative fathers of bastards; cheats; idle vagabonds; and other persons whose misbehavior may reasonably bring them within the general words of the statute, as persons "not of good fame," an expression, it must be owned, of so great latitude, as leaves much to be determined by the discretion of the conservator of the peace himself. But if he commit a man for want of sureties, he must express the cause thereof with convenient certainty, and take care that such cause be a good one. 4 Black. Com. 256; Hawk. b. 1, c. 61, § 2; Mayo's Guide, 663.

§ 2. If complaint be made to any such conservator that there is good cause to fear that a person intends to commit an offence against the person or property² of another, he shall examine on oath the complainant and any witnesses who may be produced, reduce the complaint to writing, and cause it to be signed by the complainant. (Acts 1847-8, p. 127, § 2.)

²Surety of the peace can only be required, when there is fear of present or future danger, and not for any breach of the peace that is passed. 2 Diok. J. P. 398. As a general rule, it should be granted in all cases, if he who dema.nds it makes oath that he is actually under fear of death or bodily harm, or any other injury either to his person or property, which, if done, would amount to an offence, and that he does not require such surety from malice. But notwithstanding the oath, if the justice believes that surety is applied for merely of malice or for vexation, without any just cause of fear, or because the complainant is at variance with another, he should deny it. Mayo's Guide 680; Burn. J. P. 298; Dick. Guide 477.

Surety of the peace may also be required of all persons, who having been before bound to keep the peace, have broken it, and forfeited their recognizance. 2 Deae. Or. Co. 1271. And the recognizance is forfeited by an actual violence to the person of another, or the commission of any offence against the life or property of another, whether done by the party himself, or by others through his procurement, by attending any unlawful assembly to the terror of the people, and even by words, tending to a breach of the peace, as by challenging another to fight, or in his presence threatening to beat him. But mere words of reproach, as calling a man a liar or a knave, will not forfeit the recognizance, for they are regarded as the effect merely of unmeaning heat and passion, unless indeed they amount to a challenge to fight. 4 Inst. 101; 1 Hawk. c. 60, § 20. The recognizance is discharged by the death of the principal party who is bound by it, if it was not before forfeited, but the sureties are not discharged by their death, their executors continuing to be bound as their testators were. 1 Hawk. o. 60, § 17.

All persons whatsoever, under the protection of the Commonwealth, being of sane memory, whether they be natural and good citizens, or aliens, have a right to demand surety of the peace. 1 Hawk. c. 60,§ 2; Hening's Jus. 676.

A parent may claim surety of the peace for his child under the age of discretion, and the conservator may grant it on the oath of the parent; and so may a husband demand it for the protection of his wife, upon his oath; and a wife may demand it against her husband; and the husband may have it against his wife; but infants and married women must find sureties by their friends, and cannot bind themselves. Mayo's Guide 630-81; 2 Dick. J. P. 398; Robinson's Guides 889.

§ 3. If it appear proper, such conservator shall issue a warrant reciting the complaint, and requiring the person³ complained of forthwith to be apprehended and brought before him or some other conservator. (Id. § 3.)

³ A warrant, directing the 'associates'' of persons named, to be arrested, without mentioning the names of such associates, is illegal and void as to them. Wells v. Jackson, 3 Munf. 458.

§4. When such person appears, if the conservator, on hearing the parties, consider that there is not good cause for the complaint, he shall discharge the said person, and may give judgment in his favor against the complainant for his costs. If he consider that there is good cause therefor, he may require a recognizance⁴ of the person against whom it is, and give judgment against him for the costs of the prosecution, or any part thereof; and unless such recognizance be given, he shall commit him to jail by a warrant, stating the sum and time in and for which the recognizance is directed. The person giving judgment, under this section, for costs, may issue a writ of fieri facias thereon, if an appeal be not allowed; and proceedings thereupon may be according to the ninth and eleventh sections of chapter one hundred and fifty.⁵ (Acts 1845-6, p. 64, ch. 87; 1847-8, p. 128, § 4, 5, 6, 7, 8.)

⁴ The recognizance required by this section, shall be made payable to the Commonwealth of Virginia, and shall be in such sum as the court or officer requiring it may direct, and with such surety as the court or officer may deem sufficient. It shall be with condition, that the person of whom it is taken. shall keep the peace and be of good behavior for such time, not exceeding one year, as the court or officer requiring it may direct. C. V. ch. 211, § 4; ante, ch. 6, § 4.

⁵ See C. V. ch. 160, § 9, 11; 2 Matthes' Dig. p. 844, § 9, 11.

§ 5. A person from whom such recognizance is required, may, on giving it, appeal to the court of the county or corporation; in such case the officer, from whose judgment the appeal is taken, shall recognize such of the witnesses as he thinks proper. (Acts 1847-8, p. 128, §9, 10.)

§ 6. The court may dismiss the complaint or affirm the judgment, and make what order it sees fit as to the costs. If it award costs against the appellant, the recognizance which he may have given shall stand as a security therefor. When there is a failure to prosecute the appeal, such recognizance shall remain in force, altheugh there be no order of affirmance. On any appeal the court may require of the appellant a new recognizance, if it see fit. (Id. § 11, 12.)

§ 7. Any person committed to jail under this chapter may be discharged by the county or corporation court, on such terms as it may deem reasonable. (Id. § 13, 14.)

§ 8. If a white person go armed with a deadly or dangerous weapon, without reasonable cause to fear violence to his person, family or property, he may be required to give a recognizance, with the right of appeal, as before provided, and like proceedings shall be had on such appeal. (Id. §16. 1R.C.p. 564, ch. 140.)

§ 9. If a person, in the presence of a court or a conservator of the peace, make an affray, or threaten to kill or beat another, or to commit violence against his person or property, or contend with angry words, to the disturbance of the peace, he may, without process or further proof, if he be a white person, be required to give a recognizance, and if he be a negro, be punished with stripes. (1 R. C. p. 554, ch. 140. Acts 1847-8, p. 129, § 15.)

image source volume: James M. Matthews. Digest of the Laws of Virginia, of a Criminal Nature, Illustrated by Judicial Decisions 152-5 (1861).

West Virginia 1870

l. Every justice and constable shall be a conservator of the peace, within his county. As such conservator, every justice shall have power to require from persons not of good fame, security for their good behavior for a term not exceeding one year.

2. If complaint be made to any justice, as such conservator, that there is good cause to fear that a person intends to commit an offense against the person or property of another, he shall examine on oath the complainant, and any witnesses who may be produced, reduce the complaint to writing, and cause it to be signed by the complainant.

3. If it appear proper, such justice shall issue a warrant, reciting the complaint, and requiring the person complained of forthwith to be apprehended and brought before him or some other justice.

4. When such person appears, if the justice, on hearing the parties, consider that there is not good cause for the complaint, he shall discharge the said person, and may give judgment in his favor against the complainant for his costs. If he consider that there is good cause therefor, he may require a recognizance of the person against whom it is, and give judgment against him for the costs of the prosecution, or any part thereof; and, unless such recognizance be given, he shall commit him to jail, by a warrant, stating the sum and time in and for which the recognizance is directed. The justice giving judgment under this section for costs may issue a writ of fieri facias thereon, if an appeal be not allowed; and proceedings there upon may be according to the two hundred and twenty-seventh section of chapter fifty.

5. A person from whom such recognizance is required may, on giving it, appeal to the circuit court of the county; and in such case the officer from whose judgment the appeal is taken shall recognize. such of the witnesses as he thinks proper.

6. The court may dismiss the complaint, or affirm the judgment, and make what order it sees fit as to the costs. If it award costs against the appellant, the recognizance which he may have given shall stand as a security therefor. When there is a failure to prosecute the appeal, such recognizance shall remain in force,altheugh there be no order of affirmance. On any appeal the court may require of the appellant a new recognizance, if it see fit.

7. Any person committed to jail under this chapter may be discharged by the circuit court, or the judge thereof in vacation, upon such terms as may be deemed reasonable.

8. If any person go armed with a deadly or dangerous weapon, without reasonable cause to fear violence to his person, family, or property, he may be required to give a recognizance, with the right of appeal, as before provided, and like proceedings shall be had on such appeal.

image source volume: Code of West Virginia, Comprising Legislation to the Year 1870 702-3 (1871)

Non-Firearms PeaceBond Statutes

Several states and territories adopted peacebond statutes that made no reference to arms of any sort, demonstrating that it was behavior that was the primary concern of peacebond laws, not firearms or arms of any sort.

Connecticut

An Act against breaking the Peace.

Be it enacted by the Governor and Council, and House of Rpresentatives, in General Court. assembled, That whosoever shall disturb, or break the Peace, by tumultuous, and offensives Carriages, threatening, traducing, quarelling, challenging, asfaulting, beating, or striking any other such, such such or suchs fo offending, shall be liable to pay to the Party hurt or stricken, just Damages; and also shall pay such Fine, as on Consideration of the Party smiting, or been smitten, and with what instrument, Danger, more or less, Time, Place, and Provocation shall be Judged just and reasonable, according to the Merit of the Offence, as the Judges shall determine.

2. And if such Offence be aggravated by some notorious and highhanded Violenees, the Offender or Offenders shall be bound over to the next County Court, to anfwcr for such Offence.

3. And whereas Indian, Negro and Mulatto Servants and Slaves are very apt to be Turbulent, and often to be quarrelling with white People, to the great Disturbance of the Peace. Be it therefore further enacted,, That if any Indian, Negro or Mulatto Servant or Slave, shall disturb the Peace as aforesaid, or shall offer to strike any white Person, and be thereuf convicted, such Servant or Slave shall be punished by Whipping, at the Discretion of the Court, Ssistant or Justice that £hall have Cognizance thereof; not exc~eding thirty Stripes for one Offence.

4. And that effectual Means may be used for the preserving and promoting of the peaceable Behaviour and good Conversation of the People in this State, and for preventing and suppressing what is contrary thereto :

Be it further enacted, That the Surety of the Peace or good Behaviour, as the Merit of the Case shall require, may, and shall be granted by any Assistant or Justice of the Peace in this State, against all and every such Person and Persons as by threatning Words, turbulent Behaviour, or actual Violence, or by any other unlawful Action shall terrify or disquiet any of the good People of this State: and also against common Barrators, who frequently stir up and maintain Suits at Law in Courts, or Quarrels and Parties in the Country; as also against such as invent and sow false Reports, whereby Discord ariseth, or may arise among Neighbours; also against such as are of evil Name or Fame, generally, for maintaining or resorting to Houses suspected to be Houses of Bawdry and lncontinency; also againft Nightwalkers, that be of evil Name or Report generallys or such as evedrop Men's Houses, or cast Men's Carts into Ponds; or commit other such like Misdemeanors, Outrages or Diforders in the Night Season; also against idle Persons, Drunkards, Libellers, and against such like Offenders.

5. And if any such Person or Persons shall refuse to give Security for the Peace, or good Behaviour, it shall be in the Power of any one Assistant or Justice of the Peace, to commit such Person or Persons to the common Gaol, there to remain till delivered according to Order of Law..

6.Be it further enacted, That if any Person shall abuse any Magistrate, or Justice of the Peace, or resist or abuse any Sheriff, Constable, or other Officer in the Execution of his Office, such Person or Persons shall find Sureties for the Peace and good Behaviour until the next County Court in that County; or on Refusal may be committed to the common Gaol, there to remain until the next County Court; which Court shall take Cognizance of the Wrongs and Abuses done to such Officer or Officers, by such Offender or Offenders; and lay such Penalty upon him or them (he or they being thereof legallv convicted) as the Merit of the Offence shall deserve, appearing by the Circumstances of the same, not exceeding Thirtyfour Dollars.

7. And for the detecting and punishing of secret Assaults :

Be it therefore enacted, That if any Person shall break the Peace by secretly assaulting, beating, maiming, wounding or hurting another, the Person so assaulted and injured, making Application and Complaint to the next Assistant or Justice of the Peace, shewing him what Hurt or Wounds he has received thereby; such Assistant or Justice of the Peace shall forthwith grant out a writ to the Sheriff of the County, or his Deputy, or Constable of the Town where such Assault shall be made, commanding them, or either of them, to arrest and bring before him such Person for assaulting, to answer such Complaint; who upon Oath being made against him of such Assault, and of the Wounds or Bruises thereby received by the Person assaulted and beaten, shall be bound in a sufficient Bond with Sureties for his Appearance at the next County Court in that County, to answer to the Complaint aforesaid: And in Case of Refusal to become bound as aforesaid, such Person complained of shall be committed to the common Gaol of the County, there to remain till the next Sessions of the said County Court.

8. And if the Person so bound or committed, shall not on Trial of the Case satisfy ths Court that he was at some other Place at the Time the said Assault was made, and was not the Person who gave it, he shall be adjudged guilty ; and shall be sentenced to pay the Person assaulted and injured, all such Damages as he shall have sustained by sch Assault and Beating; or in Case said Damages cannot then be computed, the Offender shall give Bond with sufficient Surety or Sureties to pay all such Damages as shall be afterwards awarded by said Court at some other Sessions to which the Case shall be continued; together with Costs of Prosecution : And also to pay the Treasurer of the County such Fine as the said Court shall order; not exceeding the Sum of Sixtyseven Dollars, and stand committed till such Sentence is performed.

image source volume: Acts and Laws of the State of Connecticut, in America 3368 (1796)

Delaware

An ACT about binding to the peace.

BE it enacted, &c. That whosoever shall threaten the person of another, to wound, kill or destroy him, or do him any harm in person or estate, and the person so threatened shall appear before a justice of the peace, and attest, that he believes that by such threatening he is in danger to be hurt in body or estate; such person so threatening as aforesaid, shall be bound over, with sufficient surety, to appear at the next sessions or county court, to be holden for the county where such offence was committed, to be proceeded against according to law; and, in the mean time, to be of his good behaviour, and keep peace towards all the king's subjects.

image source volume: Delaware. Laws of the State of Delaware from the Fourteenth Day of October, One Thousand Seven Hundred, to the Eighteenth Day of August, One Thousand Seven Hundred and NinetySeven (1797).

Dakota Territory

SECURITY TO KEEP THE PEACE.

§ 25. INFORMATIONS BEFORE WHOM.] An information verified by the oath of the complainant, may be laid before any of the magistrates mentioned in section 94, that a person has threatened to commit an offense against the person or property of another.
§ 26. MAGISTRATE MUST ISSUE WARRANT.] If it appear from the information thnt there is just reason to fear the commission of the offense threatened, by the person complained of, the magistrate must issue a warrant, directed generally to the sheriff of the conty, or any constable, or marshal or policeman of the city or town, reciting the substance of the information, and commanding the officrr forthwith to arrest the person complained of, and bring him before the magistrate of the county.

§ 27. PROCEEDINGS IF CHARGE CONTROVERTED.] When the person complained of is brought before the magistrate, if the charge be controverted. the magistrate must take testimony in relation thereto.. The evidence must, on demand of the defendant, be reduced to writing, and subscribed by the witnesses.

§ 28. PERSON TO BE DISCHARGED.] If it appear that there is no just reason to fear the commission of the offense alleged to have been threatened, the person complained of must be discharged.

image source volume: Dakota Territory. The Revised Codes of the Territory of Dakota, A.D. 1877 (1877).

Florida

18. The said justices shall be conservators of the peace hroughout the counties for which they may be appointed respectively, and may issue warrants against persons violating the criminal laws of the State, and commit the offenders to jail, or recognize them to appear before the Circuit Court of the county, at the next ensuing term thereof, to answer to any indictment which may be preferred against them, or discharge them from custody, according to the circumstances of the case, and may require surety of the peace when the same has been violated or threatened.

image source volume: Allen H. Bush. Digest of the Statute Law of Florida of a General and Public Character, in Force up to the First Day of January, 1872 424 (1872).

Georgia

Good Behavior

Security for the peace or good behavior consists in being bound, with one or more sureties, in a recognizance or obligation to the State, entered on record, and taken in some court, or by some judicial officer, such as a justice of the peace, judge, &c., whereby the parties acknowledge themselves to be indebted to the State in the sum required, with condition to be void and of noneffect if the party shall appear in court such a day, and in the mean time keep the peace, either generally towards all the citizens of the State, or particularly also with regard to the person who craves the security; or if it be for the good behavior, then on condition that he shall demean and behave himself well, (or be of good behavior,) either generally or specially for the time therein limited, as for one or more years, or for life. This recognizance, if taken by a justice of the peace, must be certified to the next superior court, and if the condition of such recognizance be broken by any breach of the peace, in the one case, or any misbehavior in the other, the recognizance becomes forfeited or absolute; and thereupon a scire facias issues against the party and his sureties, to which they plead and join issue ; or make default, and the court proceeds to give judgment and award execution as in other cases.

Any justices of the peace, by virtue of their commission, or these who are ex officio conservators of the peace, as the judges of the superior and justices of the inferior courts, may demand such security; or according to their discretion they may commit all breakers of the peace, or bind them in recognizanee to keep it. Also constables may apprehend all breakers of the peace, and commit them till they find sureties for the keeping of it. Security of the peace may be granted by justices of the peace and judges, at the request of any citizen, upon due cause shown; or if the justice of the peace is averse to act, it may be granted by a mandatory writ, called a supplicavit, issuing out of the superior court, which will compel the jnstice to act as a ministerial, and not as a judicial officer; and he must make a return to such writ, specifying his compliance under his hand and seal : or the superior court may take such recognizance themselves. A justice of the peace may require sureties of any person being compos mentis, whether a fellow justice or other magistrate, or whether he be merely a private man. Wives may demand it against their husbands, or husbands, if necessary, against their wives; but married women, and infants under age, ought to find security by their friends only, and not to be bound themselves, for they are incapable to engage themselves to answer any debt which is the nature of these recognizances or acknowledgments.

A recognizance may be discharged by the death of the principal party bound thereby, 1f not before forfeited; or by order of the court to which such recognizance 1s certified by the justice, 1f they see sufficient cause ; or if he, at whose request it was granted upon a private account, will release it, or does not make his appearance to pray that it may be continued. Thus far what has been said is applicable to both species of recognizances for the peace and for the good behavior; but as these two species of securities are in some respects different, especially as to the cause of granting, or the means of forfeiting them, they are now to be considered separately.

Justices of the peace may bind over to the good behavior all these that be not of good fame, wherever they may be found. Under which general words, a man may be bound to his good behavior for causes of scandal against morality, as well as against the peace; as for haunting bawdy houses with women of bad fame, or for keeping such women in his own house, or for words in abuse of the officers of justice in the execution of their office; all nightwalkers; eavesdroppers; such as keep suspicious company, or are reputed to be pilferers or robbers; such as sleep in the day and wake in the night; common drunkards, whoremasters; the putative fathers of bastards; cheats; idle vagabonds, and other persons whose misbehavior may reasonably bring them within the general words, "persons not of good fame,"an expression that leaves much to be determined by the discretion of the magistrate himself: but if he commits a man for want of sureties, he must express the cause thereof with convenient certainty; and take care that such cause be a good one. Clay. Jus. 58.

Any person wandering or strolling about, or leading an idle, immoral, or profligate course of life, who has no property to support himself or herself, and who is able to work or otherwise to support himself or herself in a respectable way, shall be deemed and considered a vagrant, and shall be indicted as such, as in other cases, and on conviction, shall be punished by confinement and hard labor in the penitentiary for any time not less than two years, nor longer than four years : Provided, nevertheless, That after such indictment has been found against any person, such person shall be discharged and released from prosecution, if he or she, after the indictment has been found, and before the trial, shall tender in open court a bond, with sufficient security, for his or her good behavior and future industry for one year : Provided, also, That the said bond shall be for any amount not more than four hundred dollars.Act of 1847.

A recognizance for the good behavior may be forfeited by all the same means as one for the security of the peace may be ; and also by some others as by going armed with unusual attendance, to the terror of the people; by speaking words tending to sedition; or by committing any of these acts of misbehavior the recognizance was intended to prevent; but not barely giving fresh cause of suspicion of that which perhaps may never actually happen; for altheugh it is just to compel suspected persons to give security to the public against misbehavior that is apprehended, yet it would be hard, upon such suspicion, without the proof of any actual crime, to punish them by a forfeiture of their recognizance.Clay. Jus. 61.

image source volume: Howell Cobb. Compilation of the Penal Code of the State of Georgia, with the Forms of Bills of Indictment Necessary in Prosecutions under It and the Rules of Practice 20-21 (1850).

Idaho Territory

SEC. 17. Public offences may be prevented by the intervention of the officers of justice : First. By requiring surety to keep the peace. Second. By forming a police in cities and towns, and requiring their attendance in exposed places. Third. By suppressing riots.

SEC. 19. A complaint may be made before any of the magistrates mentioned in section one hundred and two, that a person has threatened to commit an offence against the person or property of another.

SEC. 20. When the complaint is laid before the magistrate he shall examine, on oath, the complainant and any witness he may produce, and shall take their depositions in writing, and cause them be subscribed by the parties making them.

SEC. 21. If it appear from the depositions that there is just reason to fear the commission of the offence threatened by the person so complained of, the magistrate shall issue a warrant directed generally to the sheriff of the county, or any constable, marshal, or policeman in the territory, reciting the substance of the complaint, and commanding the officer forthwith to arrest the person complained of, and bring him before the magistrate.

SEC. 22. When the person complained of is brought before the magistrate, if the charge be controverted, the magistrate shall take testimony in relation thereto. The evidence must be reduced to writing, and subscribed by the witnesses.

SEC. 23. If it appear that there is no just reason to fear the commission of the offence alleged to have been threatened, the person complained of shall be discharged.

SEC. 24. If, however, there be just reason to fear the commission of the offence, the person complained of may be required to enter into a bond, in such sum, not exceeding five theusand dollars, as the magistrate may direct, with one or more sufficient sureties to keep the peace toward the people of this territory, and particularly toward the complainant. The bond shall be valid and binding for six months, and may upon renewal of the complaint, be extended for a longer period, or a new bond may be required.

SEC. 25. If the bond required by the last section be given, the party complained of shall be discharged. If he do not give it, the magistrate shall commit him to prison, specifying in the warrant the requirement to give security, the amount thereof, and the omission to give the same.

SEC. 26. If the person complained of be committed for not giving the bond required, he may be discharged by any magistrate, upon giving the same.

SEC. 27. A bond given as provided in section twentyfour, must be filed by the magistrate in the office of the clerk of the county.

SEC. 28. Any person who, in the presence of a court or magistrate, shall assault, or threaten to assault another, or to commit any offence against his person or property, or who shall contend with another with angry words, may be ordered by the court or magistrate to give security, as is provided in section twentyfour, or, if he refuse to do so, may be committed, as provided in section twentyfive.

SEC. 29. A bond to keep the peace shall be deemed broken on a conviction of the person complained against of a breach of the peace.

SEC. 30. Upon the attorney's producing evidence of such conviction to the court of the United States in the territory of Idaho, the court shall order the bond to be prosecuted, and the attorney shall thereupon commence an action on the same, in the name of the people of this territory.

SEC. 31. In the action, the offence stated in the record of conviction shall be alleged as the breach of the bond, and shall be conclusive evidence thereof.

SEC. 32. No security to keep the peace, or be of good behavior, shall be required except as herein prescribed.

image source volume: Laws of the Territory of Idaho, First Session 236-238 (1864)

Illinois Territory

Sec. 6. If three or more persons shall assemble together with intention to do any unlawful act with force and violence, against the person or property of another, or to do any other unlawful act against the peace and to the terror of the people, or being lawfully assembled, shall agree with each other to do any unlawful act as aforesaid, and shall make any movements and preparation therefor, the persons so offending, and upon conviction thereof shall pay as a fine, each, to this Territory, the sum of sixteen dollars, and find surety for their good behaviour, respectively, for the space of six months, and stand committed until sentence be performed.

image source volume: Laws of the Territory of Illinois 92 (1815)

Indiana

Surety of the peace.

SEC. 22. Upon affidavit by any person, that he has just cause to fear, and does fear, that another will destroy or injure his property, or injure, by violence, himself or some member of his family; and that he makes such affidavit only to secure the protection of the law, and not from anger or malice; any justice, with whom such affidavit is filed, shall issue his warrant and cause the person complained of to be arrested and brought before him for trial.

SEC. 23. The issue to be tried in such case, the complaining witness has just cause to entertain the fears expressed in his affidavit; which issue shall be tried by the justice, unless either party shall demand a jury; and changes of venue and continuances shall be granted as in other cases.

SEC. 24. If the justice or jury trying the issue shall find that the complaining witness has just grounds to entertain the fears expressed in his affidavit, the justice shall require of the defendant recognizance and freehold surety, in a sum not less than fifty, or more than five hundred dollars, for his appearance on the first day of the next term of the court of common pleas, and to keep the peace meanwhile; which recognizance shall be substantially in the following form:

We, A. B. and C. D., severally acknowledge ourselves bound to Fthe state of Indiana, in the penal sum of _______ dollars each, if said A. B. shall not appear at the first day of the next term of the court of common pleas of county, to answer a complaint of surety of the peace made against him by John Smith, and abide the order of such court therein; and in the meantime keep the peace toward all the inhabitants of this state.

A. B. [SEAL.]

C. D. [ SEAL.]

Attest: RICHARD STILES, Justice.

SEC. 25. Such recognizance shall be filed and recorded in the same manner and have the same force and effect of recognizances required to be taken in criminal cases by justices. And such justice shall also file in the clerk's office,a transcript of the proceedings before him and all papers in the cause, unless otherwise directed by both parties.

SEC. 26. Such cause shall be docketed and tried in the court of common pleas under the governing such trials before justices; and, if the finding of the court, or the verdict of the jury, be against the defendant on the issue, such court shall require of such defendant recognizance and surety that he will keep the peace for such length of time as the court may direct, and shall also give judgment against him for costs, and that he stand committed until the same be paid or replevied.

SEC. 27. If the verdict or finding, either before he justice or in the court of common pleas be in favor of the defendant or the cause be dismissed by the complaining witness, or he fail to prosecute the same, all costs shall be adjudged against the complaining witness.

image source volume: Edwin A. Davis, Editor. 2 Statutes of the State of Indiana: Containing the Revised Statutes of 1852, with the Amendments Thereto, and the Subsequent Legislation 2nd. ed. 674-5 (1815)

Kentucky

Surety for the peace.

§1. No person shall be required to enter into a recognizance to keep the peace or be of good behavior, for a longer period than one year, at any one time.

§1 2. In applications to bind persons to keep the peace and be of good behavior, the court, justice of the peace, or other officer to whom such application is made, shall hear testimony, if offered by either party, to enable him to decide whether the application is vexatious, malicious, with or without good cause.

image source volume: The Revised Statutes of Kentucky, Approved and Adopted by the General Assembly, 1851 and 1852. 276-7 (1852)

Louisiana

OF THE MEANS OF PREVENTING OFFENCES.

CCLXXXIX. Power of justices to bind party to keep the peace, when breach committed or apprehended CCXC. or when found with concealed weapons

ART. CCLXXXIX. 1 Justices of the peace shall have full power, in all cases in which there shall appear to them, by oath, that a breach of the peace has been committed, or that there is just cause to apprehend that a breach of the peace is intended, to cause the party charged with such breach of the peace or intention of breaking the same, to be brought before them respectively, and direct him to give such security as the said justice may deem reasonable, to keep the peace of the [state], and to answer to the offence, if any has been committed, and in case of refusal to give such security, to commit the party so charged, by warrant to be directed and drawn as [prescribed by art. CCCCLXXXII], to the custody of the sheriff of the [parish], who shall thereupon imprison the said party, until he shall enter into such security as has been ordered, before the same or some other judge or justice of the said [parish].

image source volume: M.M. Robinson. Digest of the Penal Law of the State of Louisiana, Analytically Arranged 173-4 (1841).

Massachusetts

By statute it is enacted, that it shall be within the power, and be the duty of every justice of the peace within his county, to punish by such fine as is by the statute law of the commonwealth provided, all assaults and batteries that are not of a high and aggravated nature, and to cause to be stayed and arrested all affrayers, rioters, disturbers and breakers of the peace, and to bind them by recognizance, to appear at the next supreme judicial court, or court of general sessions of the peace, (5) to be held within or for the same county, at the discretion of the justice; and also to require such persons to find sureties for their keeping the peace, and being of good behaviour until the sitting of the court they are to appear before, and to commit such persons as shall refuse so to recognize and find such surety or sureties. (6)

(5) By a late statute, the party must recognize to appear at the common pleas.

(6) When one is brought before a justice of the peace, on articles of the peace exhibited against him, the justice, if satisfied that there is ground for further proceedings, is to order him to recognize for his appearance at the next court of common pleas, and in the mean time to keep the peace towards all the citizens, and especially the complainant. For where in such case, the justice required the respondent to find sureties for his keeping the peace for two years, and on refusing such sureties, committed him, the S.J.C. decided, that such commitment was illegal, and discharged the prisoner.

Commonwealth v. Ward, 4 Mass. Rep. 497.

image source volume: William Charles White. 3 Compendium and Digest of the Laws of Massachusetts (pt. 1) 821-2 (1810)

Texas

PROCEEDINGS BEFORE MAGISTRATES FOR THE PURPOSE OF PREVENTING OFFENCES.

ARTICLE 80. Whenever a Magistrate is informed upon oath, that an offence is about to be committed against the person or property of the informant, or of another, or that any person has threatened to commit such offence, it is his duty immediately to issue a warrant for the arrest of the accused, that he may be brought before such Magistrate, or before some other named in the warrant.

ART. 81. When the person accused has been brought before the Magistrate, he shall hear proof as to the accusation, and if he be satisfied that there is just reason to apprehend that the offence was intended to be committed, or that the threat was seriously made, he shall make an order that the accused enter into bond in such sum as he may in his discretion require, conditioned that he will not commit such offence, and that he will keep the peace towards the person threatened, or about to be injured, and towards all others, for one year from the date of such bond.

ART. 82. If the defendant refuse to give bond, he shall be committed to the jail of the county, or if there be no jail, to the custody of the Sheriff.

ART. 83. The warrant issued by a Magistrate in cases provided for in Articles 75 and 80, shall be sufficient if it state the name of the defendant, or, if unknown, describe him, and set forth in plain words the nature of the accusation against him, be signed by the Magistrate and dated.

ART. 84. The bond taken by the Magistrate in the cases provided for in Article 81, shall be sufficient if it be payable to the State of Texas, recite plainly the nature of the accusation against the defendant, be for some certain sum, and be signed by the defendant and his surety, and dated. No error of form shall vitiate such bond, and no error in the proceedings, prior to the execution of the bond, shall be available as a defence in an action thereupon.

ART. 85. If the Magistrate be of opinion from the evidence, that there is no good reason to apprehend that the offence was intended or will be committed, or that no serious threat was made by the defendant, he shall discharge the person so accused, and may, in his discretion, tax the cost of the proceeding against the party making the complaint.

ART. 86. If the accused be committed for refusing or failing to give bond, he shall be discharged by any Magistrate upon his afterwards entering into bond in such amount as was fixed by the Magistrate who committed him.

ART. 87. If the condition of the bond be forfeited, it shall be sued upon in the name of the State of Texas, by the District Attorney, and the full amount of the same may be recovered against the principal and sureties.

ART. 88. Actions upon such bonds shall be commenced within two years from the breach of the same, and shall be governed by the rules applicable to civil actions, except that the sureties may be sued without joining the principal. It shall only be necessary in order to entitle the State to recover, to prove that the defendant did commit the offence which he bound himself not to commit, or failed to keep the peace according to his undertaking.

ART. 89. A surety upon any such bond may, at any time before a breach thereof, exonerate himself from the obligation of the same, by delivering to the Magistrate the person of the defendant, and the Magistrate shall, in that case, again require of the defendant bond with other surety, and the same proceedings be had as in the first instance.

ART. 90. Magistrates taking bonds under the provisions of this Chapter, shall be governed as to the amount of the bond by the pecuniary circumstances of the accused, and the nature of the offence threatened or about to be committed. And they shall require the sureties of a defendant to make oath as to the value of their property, in the manner pointed out with regard to recognizances and bail bonds.

ART. 91. When the information given to the Magistrate is that the defendant has threatened the life of a person, he shall, in addition to the bond heretofore spoken of, require also of the defendant a bail bond with security. conditioned that he will appear at the next term of the District Court of the county to answer the accusation, which bail bond shall be filed with the Clerk of the District Court. shall hare the same force as other bail bonds, and may be forfeited in the same manner.

ART. 92. When, from the nature of the case and the proof offered to the magistrate, it may appear necessary and proper, he shall have a right to order any peace officer to protect the person or property of any individual threatened: and such peace officer shall hare the right to summon aid by requiring any number of' citizens of his county to assist in giving the protection.

ART. 93. The District Court, when in session. may. upon complaint made, cause the arrest of any person who might be arrested by a Magistrate under the provision of any of the preceding Articles. and require such person to enter into recognizance for the same purposes for which a Magistrate may require bond, may commit in default of security or discharge, according to the nature of the case.

ART. 94. All persons have a right to prerent the consequences of theft, by seizing any personal property which has been stolen. and bringing it with the supposed offender. if he can be taken, before a Magistrate for examination. or delivering it to a peace officer for that purpose. To justify such seizure there must. however, be reasonable grounds to suppose the thing to be stolen, and the seizure must be openly made, and the proceedings had without delay.

ART. 95. If any person shall make oath, and shall conince the Magistrate that he has good reason to beliere that another is about to publish, sell, or circulate, or is continuing to sell, publish. or circulate any libel against him, or any such publication as is made an offence by the Penal Law of the State. the person accused of such intended publication may be required to enter into bond not to sell, publish, or circulate such libellous publication, and the same proceedings be had as in the cases before enumerated in this Chapter. In case the accused is found subject to the charge and required to give bond, the cost of the proceeding shall be taxed against him.

image source volume: John Woods Harris, et al. Code of Criminal Procedure: The State of Texas 21-23 (1857)

Vermont

SECT. 2. Any justice is empowered to cause to be apprehended and committed to prison, or bound over, with sufficient sureties, for trial by the county court, all persons charged with crimes exceeding his jurisdiction to try.

SECT. 3. He shall, in the case's mentioned in the preceding section, file with the clerk of the county, in which such proceeding is had, a certified copy of the records and process in the cause, within thirty days after the trial or examination, or, if there are not thirty days to intervene between such time and the next term of the county court, then on the first day of said term.

SECT. 4. Whenever a justice shall commit or bind over a respondent for trial, as provided in the second section, he shall take the recognizance of the necessary witnesses, who shall appear before him, for their appearance at the county court, in the same sum in which the respondent is ordered to find bonds.

SECT. 5. In case any witness shall refuse to enter into the bond of recognizance so ordered, he may be committed to jail on the warrant of the justice making such order.

SECT. 6. A justice may order any person, arrested for a criminal offence, to find sureties of the peace, when, in the opinion of such justice, it shall be necessary, and may commit such person to jail, until he find such sureties.

image source volume: Revised Statutes of the State of Vermont, Passed November 19, 1839, to Which Are Added Several Public Acts Now in Force 170 (1840)

Wyoming Territory (1869)

Proceedings to Prevent the Commission of Crime.

SEC. 1, Whenever any person shall make complaint in writing upon before any justice of the peace or police justice, or other officer authorizcd by law to examine into charges in relation to the commission of crime, that he has just cause to fear, and does fear, that anotber will commit any offense against the person or property of himself, his ward, or child, it shall be the duty of the justice before whom such complaint is made to issue a warrant in the name of the territory to any constable of the county, commanding him forthwith to arrest the person complained of, and him io take before such justice, or any other justice named in the same county, to answer such complaint.

SEC. 2. When the party complained of shall be brought before the justice, ho shall be heard in his defense, and all witnesses produced shall be examined upon oath, and if upon such examination the justice shall be of opinion there is just cause for the complaint, he shall order the person complained of to enter into recognizance, with good and sufficient surety, in any sum not less than fifty dollars, nor more than five hundred dollars, for his appearance before the district court on the first day of the next term thereof, and in the meantime that he shall keep the peace, and be of good behavior generally, and especially toward the person complaining.

SEC. 3. In default of such recognizance and surety as provided in the preceeding section, the justice shall commit the person complained of to the jail of the county, there to remain until discharged by due course of law.

SEC. 4. But if the justice on the examination shall be satisfied that there is no just cause for the complaint, it shall be his duty to discharge the accused, and render judgment in the name of the territory against the party complaining, for the costs of the prosecution, and the same shall be collected by execution as in civil cases.

image source volume: Wyoming, General Laws, Memorials and Resolutions of the Territory of Wyoming, Passed at the First Session of the Legislative Assembly 463-4 (1869)