judgment, or decree (except in cases of treason, felony, or breach of the peace); but that the service of every such writ, process, warrant, order, judgment or decree, shall be void to all intents and purposes whatsoever; and the person and persons so serving or executing the same shall be liable to the suit of the party grieved, and to answer damage to him for doing thereof, as if he or they had done the same without any writ, process, warrant, order, judgment, or decree at all.

Sureties of th Peace.-Surety of the peace is the acknowledgment of a recognizance or bond to the Queen, taken by a competent judge of record, for keeping the peace. All justices of the peace may take sureties of the peace by virtue of their commission. Every justice of the peace has power, and, if so required to do, is bound to cause to come before him all persons who have used threats to any of the Queen's subjects as to their bodies, or the burning of their houses, to find security of the peace, or for their good behaviour towards the Queen and her people, and if they shall refuse to find such security to cause them to be imprisoned for a definite time. Any person who has just cause to fear that another will burn his house, or do him a corporal hurt, or procure others to do so, may demand the surety of the peace against such other; but the applicant must satisfy the justice on oath that he is actually under such fear and has cause to be so. A person threatened with unlawful imprisonment may demand surety of the peace. Also any justice may at his discretion bind all those to the peace who in his presence make an affray, or threaten to kill or beat any person, or contend together with hot words, or go about with unusual weapons or attendants to the terror of the people; such as are known to be common barrators, quarrellers, and breakers of the peace; all who are brought before him by a Constable for a breach of the peace in presence of the Constable, and all such as, having before been bound to keep the peace, shall have forfeited their recognizances. But if the justice perceives that the surety is demanded merely from malice or vexation, and without any just cause or fear, he should not

grant it; also when it is demanded by a man who is simply at variance with his neighbour. Surety of the peace shall only be granted where there is a fear or reasonable ground of alarm of some present or future danger, and not merely for a battery or any breach of the peace that is past, for it is only for the security of such as are in fear. Surety demanded merely from malice or vexation, and without any just cause or fear, cannot be granted, nor can it be granted to protect applicant's servants or cattle.

Surety of good behaviour.-The power which justices have to bind persons to their good behaviour is very large and indefinite. It depends on the words of their commission and of the statute 34 Edw. III., c. 1. That statute authorizes them "to take of all them that be not of good fame where they shall be found sufficient security and mainprize of their good behaviour towards the King and people." A surety for good behaviour includes in itself a surety of the peace, and he that is bound to the good behaviour is therein also bound to the peace. The following are instances of persons whom justices may require to find sureties. for good behaviour:- Persons who charge another before a justice with felony, riot, or forcible entry, and yet refuse to prosecute or give evidence; who outrageously misbehave in the presence or hearing of a justice, or speak contemptuous words of him though not in the execution of his office; who publicly accuses him of ignorance of his duty; who abuse his warrant; who assault or abuse a Constable in the execution of his duty; who poison or destroy the cattle or goods of others; who live riotously and profusely without any visible means, and cannot give a good account of themselves when called upon; who keep brothels, or are common frequenters of brothels; who keep bad women in their own houses, who excite discontent in the minds of the people; from persons obstructing another in his necessary way to a court of justice : suborning witnesses; being guilty of forcible entry, or detainer; common quarrellers, or who lie in wait to rob and put passengers in fear, or are suspected to

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be robbers; from such who are likely to commit homicide, or other grievance to the King's subjects in their bodies, &c.; from common gamesters, especially if they have not whereon to live. No one ought to be bound to the good behaviour for any rash, quarrelsome, or unmannerly words unless they either directly tend to a breach of the peace or to scandalize the Government; and a magistrate has jurisdiction to require sureties for good behaviour of a person charged before him with having published a libel calculated to produce a breach of the peace.

Sureties of the Peace, &c., how granted.-When a justice sees a person doing or about to do anything which would warrant him, upon the complaint of a third party, in requiring surety of the peace or good behaviour, he may of his own motion require the offender to find such surety, or cause him to be committed. A justice when applied to ought to examine the complainant and his witnesses, if he has any, on oath and take down the grounds of complaint in writing. The subsequent course for the justice, when the informant cannot swear to his being in fear from defendant, is to require sureties for good behaviour from the offending party. The number of sureties is usually two, and the sum in which the recognizances is to be taken is left wholly at the discretion of the justice.-Molloy's Justice of the Peace.)

Swearing, by 7 Wm. III., c. 9, s. 1, Ir.--Any person who shall profanely swear and curse in the presence or hearing of any justice of the peace, or of the mayor of any city or town, shall be thereof convicted by the oath of one or two witnesses, or by the confession of party offending, before any justice or mayor, that then for every such offence, the party so offending shall, if a servant, day labourer, common soldier, or common seaman, forfeit Is., and every other person 2s. S. 5. No person shall be proseuted or troubled for any offence against this Act unless the same be proved or prosecuted within ten days after the offence committed.

The using several oaths on one and the same occasion is one offence only.]

Telegraph messages, 31 and 32 Vic., c. 110, s. 20.Any person having official duties connected with the Post Office who shall, contrary to his duty, disclose or in any way make known or intercept the contents, or any part of the contents, of any telegraph' message, or any message intrusted for the purpose of transmission, M.-32 and 33 Vic., c. 73, s. 23. Every written or printed message or communication delivered at a post office for the purpose of being transmitted by a postal telegraph, and every transcript thereof made by any person acting in pursuance of the orders of the Postmaster-General, shall be a post letter within the meaning of 1 Vic. c. 36.

Threatening letter, 24 and 25 Vic., c. 100, s. 16-Maliciously to send, deliver, or utter, or directly or indirectly cause to be received, knowing the contents thereof, any letter or writing threatening to kill or murder any person, F.

24 and 25 Vic., c. 96, s. 44. To send, deliver, or utter or directly or indirectly cause to be received, knowing the contents thereof, any letter or writing demanding of any person with menaces, and without any reasonable or probable cause, any property, money, or valuable thing, F.

S. 46. To send, deliver, or utter, or indirectly cause to be received, knowing the contents thereof, any letter or writing accusing or threatening any other person of any crime punishable by law with death or penal servitude for not less than seven years, or of an assault with intent to commit rape, or of the infamous crime of buggery, or of an attempt to commit the same, with intent to extort property, money, or valuable thing, F.

24 & 25 Vic., c. 97, s. 50. To send, detain, or utter, or directly or indirectly cause to be received, knowing the contents thereof, any letter or writing threatening to burn or destroy any house, barn, or other building, or any rick or stack of grain, hay, or straw or other agricultural produce, or any grain, hay, or straw, or other agricultural produce in or under any building, or any ship or vessel, or to kill, maim, or wound any cattle, F.

[The necessary steps to be taken in the case of this offence are to ascertain who is the most likely person to send such a letter, and to obtain evidence if possible to prove the sending. To obtain proof of the handwriting, which alone with other circumstances may prove the guilt of the offender. The sending or delivering of the letter need not be immediately by the offender to the prosecutor; if it be proved to be sent or delivered by his means and directions it is sufficient. When a threatening letter or any document which may afterwards be required as evidence, is given to a Constable, he

should at once enter his initials and date on the back for the purpose of subsequent identification, but should be careful not to make any mark on the face or written part of the document. See also "Whiteboy Offences," page 340.]

Towns Improvement (Ireland) Act, 1854, 17 and 18 Vic., c. 103.

This Act, although a "public general statute," is in force only in towns containing a population of 1,500 and upwards, who have specially applied to have its provisions carried into execution. There are about 76 towns in Ireland now under this Act.

S. 56. Regulations as to gunpowder.--No gunpowder shall be sold within the town by candle or other artificial light, P. £1; and no person shall keep at any time more than ten pounds weight of gunpowder, except by special permission of the commissioners, signed by the chairman and two of the sail commissioners, and under such regulations for its safe custody. as they may approve and determine, P. £1, besides forfeiture of all the gunpowder which shall be found exceeding the aforesaid weight; and the aforesaid quantity of gunpowder allowed to be kept as aforesaid shall be deposited in a place separate from all other goods and commodities, and shall be secured by lock and key, P. £1: provided always that nothing herein contained shall apply to any quantity of gunpowder provided for Military or Constabulary purposes.

S. 70. Power to prevent obstructions in the streets during public processions, etc.-The commissioners may from time to time make orders for the route to be observed by all carts, carriages, horses, and persons, and for preventiug obstruction of the streets of the town in all times of public processions, rejoicings, or illuminations, and in any case when the streets are thronged or liable to be obstructed, and may also give directions to the Constables and Officers of the Constabulary Force for keeping order and preventing any obstruction of the streets in the neighbourhood of theatres, and other places of public resort; and every wilful breach of any such orders shall be deemed an offence against this Act, P. 40s.

S. 71. Power to impound stray cattle.-If any cattle be at any time found at large in any street of the town without any person having the charge thereof, any Constable or Officer of Constabulary, or any person residing within the town, may seize and impound such cattle, and may detain the same until the owner thereof pay to the commissioners a penalty not exceeding 20s. besides the reasonable expenses of impounding and keeping such cattle; and if the said