The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-10-27
Important TO Disorderly Persons.
SUPREME COURT-CHAMBERs.
Before Judge Ingraham.


Ia me- Mater Of ne Applications Of Margcre' Bcy'e.
Judge Ingraham yesterday rendered very important
cison in the of persons for disorery
duct about which considerable litigation has occurred
lately, and not little difference OF opinion among the
Judiciary. The decision is as follows:--
The prisoner is brought before me on babeas corprs,
and her discharge asked for the ground that the
commitment by the magistrate, until she gave hail for
her good behavior was unauthorized ly law. d" not
deem place the decision OF this matter
qurc the party To give bonds for her good behavior IL
necessarily includes the authority to hold her In
tody until such security Is given. Tie contrary con.
strucfon would render nugaory the whole provision Of
the statute which authorizes the ma9srae arrest and
require the security be given II when the prisoner
charged with disordcrly conduct IL brought before the
Justice aud he finds her guilty and orders her 10 give the
security she reply that she will not give the
curly and may insist upon being discharged without il,
the whole proceeding would be ridiculous. ] cannot
suppose there any such course Of proceeding con.
temp0fe On the contrary, the prisoner, when brought
before the Justice is in custody She is TO be discharged
from custody giving the security and Is not entitled
her discharge, and material under such mpri-
sonmen i continued In the police office before the jus
tice or In the prison, under the commitment from the
Justice At common law the magistrate had authority 10
and require surctics for the peace and good be
havior, and In OF not giving such security the
prisoner might be committed until such security was
furnished and the Justice might. In the first instance
issue his warrant TO the officer directing him TO cause
the party To 90 before some justice to find surety and "
he shall refuse, to carry him directly To prison. The
common law power IL modified by the Revised Statutes
OF good behav shall be required shall person
be committed to prison for not giving the same in any
except such prescribed or authorized by
satntc While this limits the common law right OF the
magistrate and require surees Of the peace
For good behavior any before him. at his dcre
ton, In which such authority Is conferred by
statute, do not understand II as in any way deprivng
him OF the common law authority 10 commit for not CIV
ing such security In cases provided for On the
contrary the exception OF such provided for by
statute leaves the power commit in such for not
giving such security remaining in full force The provi
of the Rev sed Statutes regulate the mode of taking
surties TO keep the peace and provides in case Of
fusal give security for the commitment OF the person
charged The provisions OF the Revised Statutes make
similar provisions Of dsordery persons making
record Of the convictions OF such dsordery persons
In default OF surety, and the eommrttai Of the Of
fender until such surety be found. The act OF 1888,
under which this party arrested for dsordery
duct authorized the magistrate 10 require her " give
surety for her good behavior for term not exceed ing
twelve months and authorized him also In his discretion
nj any discharge the In addition 10 the
powers conferred by this act the statute Of 1859
the Police Justice authority TO impose fine not exceed
ing ten dollars To commit 10 the city prison not
cceding ten days This power 10 commit was not In
limitation OF the power connected with the taking oil
sureties for good behavior, but was the means
for collecting the fine be imposed in addition 10 the
for good behavior But II there doubt
to the authority OF the magistrate to commit the party
who refuses TO give the sureties for good behavior when
required In the of disordery conduct, is removed
by that provision which that any person committed
70 the common jail for not finding sureties for good be-
such security This clearly implies the right to commit
have not been able 10 ad0pt the conclusion that the
commitment by the magistrate In this case was beyond
his powers but that having the party charged in his
custody and having found on competent proof that she
was guilty Of dsordery conduct that he had right K
require suretes for good behavior and 10 continue thu
imprisonment until such sureties found The party
IL not without remedy " she IL unable TO give thu
surees There are various provisions which authoriz.
the discharge Of the party from prison. but that mode
by hsbcas corpus The prisoner must be remandet
| and the writ discharged. VT. es"I