
    Commonwealth versus Dyer Loveridge.
    A recognizance taken by a justice of the peace from one charged with homicide is merely void.
    This was a scire facias brought against the defendant upon a recognizance certified by a justice of the peace for the county of Franklin conditioned for the defendant’s personal appearance at some former term of this Court in this county, to answer to such matters and things as should be objected against him on behalf of the commonwealth, and especially to the complaint of J. C., of, &c., for Trilling J. C., Sen., late of, &c.
    
      Ashmun, for the defendant.
   The statute of 1783, c. 51, vesting certain powers in justices of the peace in criminal cases, requires them to commit to prison all persons guilty, or suspected to be guilty, of manslaughter, murder, and other capital offences, and [ * 338 ] to hold to bail those guilty of lesser * offences. The justice in this case, then, was wholly unauthorized to take this recognizance, which is therefore merely void. And the Court being of this opinion, the Solicitor-General entered a nolle prosequi to the scire facias.  