Chapter 608: Surety of the Peace

Anyone fearing that another person may do injury to himself, his family or property may make complaint thereof, under oath, before a justice, who shall, by warrant, cause the person accused to be brought before him or some other justice for examination.

If, upon hearing the parties and their evidence, it appears to the justice that there is just cause to fear that the offense described in the complaint filed under RSA 608:1 may be committed, he may order the party named in the complaint to recognize, with sufficient sureties, in a reasonable sum, to keep the peace toward all the people of the state, and especially toward the complainant, for a term not exceeding one year, to pay costs of prosecution, and to stand committed until the order is complied with.

The party ordered to recognize may appeal to the superior court at the next term to be held for the county on giving the security required by the order and security to pay such costs as may be awarded against him on the appeal.

The superior court may affirm the order issued under RSA 608:2, discharge the appellant, or require him to enter into a new recognizance, with sufficient sureties, in such sum and for such time as it may think proper, and may make such order in relation to the costs of prosecution as may be deemed just.

If the appellant fails to prosecute his appeal, his recognizance shall remain in force, and the court may award such costs to the complainant as it deems just.

A person committed for not finding sureties or refusing to recognize as required by the court or magistrate may recognize agreeably to the order before any justice, and, on payment of the costs of his application, he shall be discharged.

Every recognizance taken in pursuance of the foregoing provisions shall be transmitted by the justice to the superior court for the county on or before the first day of the next term, and shall be filed by the clerk.

A person sentenced by a justice or court for a criminal offense, or ordered to recognize for his appearance before the same or another court, may be required to recognize to keep the peace and to be of good behavior for such time as the court or justice may direct.

A person who, in the presence of a court or justice, makes an affray, threatens to kill or beat another or to commit any violence or outrage to person or property, or who contends with hot and angry words to the disturbance of the peace, may be ordered, without process or any other proof, to recognize for keeping the peace and being of good behavior for a term not exceeding 3 months, and to stand committed until the order is complied with.

A surety in a recognizance to keep the peace may commit the principal to the common jail, and shall be discharged in the same manner as sureties in other recognizances in criminal cases.