
    Commonwealth versus Thomas Morey.
    A justice of the peace cannot require one to find sureties of the peace but until the next court; nor can he sentence one to pay costs, whom he so recognizes.
    Upon the motion of Lincoln, a writ of habeas corpus issued to the sheriff, returnable instanter, commanding him to bring in the body of Thomas Morey, a prisoner in the county jail, with the cause of his commitment. — The sheriff returned a copy of a mittimus or warrant of commitment, issued by one Bottom, a justice of the peace for this county, in which it was recited that Morey •had been brought before him on the complaint of one J. P., and had thereupon been “ required to find sureties to be bound with him in a recognizance, to keep the peace, and to be of the good behf'-'jr towards all the citizens of the commonwealth, for and during one full year from the date hereof, and in the mean time to behave himself "well towards J. P. aforesaid, and also to pay costs of prosecution,” and that he had refused to find sureties; whereupon the justice committed him, until he should find such sureties, or be discharged according to law.
   *Upon the return being read and filed, the Court im-

mediately discharged the prisoner, observing that the order of the justice for disobedience to which he had been committed, was illegal, as well in requiring him to pay costs, as in demanding sureties of the peace for a year, instead of ordering him to recognize for his appearance at the next term of the Common Pleas, and in the mean time to keep the peace, &c. 
      See Commonwealth vs. Ward, 3 Mass. Rep. 417.
     