
    * Commonwealth versus John Ward.
    A miiliiaus, or warrant of commitment from a justice of the peace, ought to recite the complaint on which it is founded.
    A recognizance for keeping the peace should be taken returnable to the next Court of Common Pleas; and, when taken on a charge of a bailable offence, should be made returnable to the next court having j'urisdiction of the offence.
    The defendant was brought into Court by the keeper of the jail in this county, in obedience to a writ of habeas corpus cum cama, which had issued to him on motion returnable instanter. From the jailer’s return, it appeared that the defendant was committed by a justice of the peace for the county, for not finding sureties of the peace.
    The warrant of commitment recites that the defendant had been brought before the justice, and “ thereupon required to find sufficient sureties to be bound with him in a recognizance of fifty dollars, to keep the peace and be of good behavior towards all the citizens of the commonwealth, and especially towards Ezra Saclcet, for and during the term of two years from the date ” of the warrant; and, having refused to find such sureties, the justice committed him until he should find them, or be otherwise discharged by due order of law.
   By the Court.

Here is no complaint recited, which ought always to be done for the information of the Court upon a habeas corpus. The justice has wholly misconceived his authority. When one is brought before a justice of the peace, on articles of the peace exhibited against him, tlje justice, if satisfied that there is ground for further proceedings, is to order him to recognize with sureties 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 towards the complainant. When one is charged with a bailable offence, and, on examination, the justice is of opinion that there is sufficient cause, he is to take a recognizance for his appearance at the next court having jurisdiction of the offence charged.

In the present case, the prisoner was required to find sureties of the peace for the term of two years, which was altogether beyond the authority of the justice, and the commitment was illegal. Let the prisoner be discharged, and go without day  