The citizen. (Honesdale, Pa.) 1908-1914, 1910-03-11
WILL INTEREST EVERY
JUSTICE OF PEACE


"In Relating to Surety of the Peace
and Defining the Procedure in
Such Cases"
every surety peace case that came
up before the last session of the
Lackawanna county courts was dis
missed by the court for non-compli-
ance with the Act of l909D.
Commonwealth VS.. Fred Young.
In the Court of Quarter Sessions of
Wayne County. No. 16, Jan. Ses-
sions, 1910 Surety of the Peace.
This case comes before the court
upon a motion to quash the
transcript for the reason that it
does not show that the provisions
of the Act of Assembly approved
March is, 1909, relating to
surety of the peace and defining
the procedure in such cases"
were complied with.
Prior to this act, surety of the
pedCe was uelndHudDlt VI ll6hh
before a Justice of the Peace by
any individual who thought him
self in danger of being hurt in
person or estate and would make
the necessary oath, and the JUS
tees only duty and authority
was to bind the defendant, with
one sufficient security, to appear
at the next sessions. See Com
monwealth VS.. Snyder, 13 Pa.
County Court Reports, page $50.
Also Sardo V. Crovt, 6 J. of P. "A
G905), Doty, p. j
The Act of 1909, however, has
made a complete and radical
change in the practice relating
to surety of the peace. At last
term of court, we dismissed the
case of Commonwealth VS.. Kieg-
Ter, a surety of the peace case,
for the reason that the transcript
did not show that the Act of
1909 had been complied with,
and that Justices of the Peace
may understand what transcripts
in surety of the peace cases in
the future must show, we write
this opinion.
Formerly surety of the peace
was subject to every great abuse
and entailed great expense upon
the county and upon the parties
concerned and was productive of
great and needless i'll feeling.
The Act of 1909 recognizes this
abuse in the preamble, which is as
follows:
Whereas, The oath which
warrants the arrest of one who
shall threaten the person of an
other, and his binding over to the
next term of the quarter sessions
court and to keep the peace in
the meantime, is often hastily
and thoughtlessly made; and
great costs unjustly put upon the
several counties of the Common
wealth by having many trivial
cases sent to court. therefore, to
remedy this evil --," etc.
Under this Act, the transcript
of the Justice should show, as
provided by Section three, that
he afforded an opportunity and
suggested to the parties the pro-
priety of compromising their
differences before entering into a
hearing. and the transcript should
also show, that before any hear
ing was had the Justice was un-
able to have the parties COM
promise their differences, though
the fact might be implied If he
had afforded them the opportun-
ity and suggestion for that pur-
pose.
The transcript should also show,
as provided by section one, that
the Justice, before he binds any
one over to the next Quarter Ses-
sions to keep the peace upon the
oath of another, has entered in
to a full hearing and inyestiga-
tion of the facts, and also should
show that evidence was produced,
satisfactory to him, that the
prosecutors or prosecutrix's dan
ger of being hurt in body or es-
tate is actual and that the threats
were made by the defendant NAL