surety of the peace

SURETY OF THE PEACE, crim. law. A security entered into before. Some 
competent court or officer, by a party accused, together with some other 
person, in the form of recognizance to the commonwealth in a certain sum of 
money, with, a condition that the accused shall keep the peace towards all 
the citizens of the commonwealth. A security for good behaviour is a similar 
recognizance with a condition that the accused shall be of good behaviour. 
     2. This security may be demanded by a court or officer having 
jurisdiction from all persons who threatened to kill or to, injure others, 
or who by their acts give reason to believe they will commit a breach of the 
peace. And even after an acquittal a prisoner may be required to give 
security of the peace or good behaviour, when the circumstances of the case 
justify a court in believing the public good requires it. 2 Yeates, R. 437 
Bac. Ab. h.t.; 1 Binn. R. 98, note; Com. Dig. h.t.; Yin. Ab. h.t.; Bl. Com. 
B. 4, c. 18, p. 251. 
     3. To obtain surety to keep the peace, the party requiring it must 
swear or affirm be fears a present or future danger, and not merely swear or 
affirm to a breach of the peace which is past; it is usual, however, to 
state such injuries, and when the circumstances warrant it, a threat of 
their repetition, as a legitimate ground for fearing future injury, which 
fear must always be stated. 1 Chit. Pr. 677. 
     4. A recognizance to keep the peace is forfeited only by an actual 
attack or threat of bodily harm, or burning a house, and the like, but not 
by bare words Of h an choler. Hawk. h. 1, c. 60, s. 2. Vide Good Behaviour.