Commonwealth v. Daggett 15 Tyng 447, 16 Mass. 447

Commonwealth versus Silvanus Daggett.

It is essential to a recognizance for the appearance of the conusor to answer to charges against him, that it shows the cause of talcing it.

Scire facias upon a recognizance, entered into before a justice of the peace for Duke’s'county, the only condition whereof was, that the defendant should personally appear before this Court, September term, 1818, then and there to answer to such matters and tilings as should be objected against him on behalf of the commonwealth, and should do and receive that which, by the said Court, should be then and there enjoined upon him, and not depart without license. The breach alleged is that the defendant did not appear, pursuant to the said condition.

The defendant demurred to the writ, and the demurrer being joined on behalf of the commonwealth,

*370 Reed, for the defendant,

contended that the recognizance should set forth the cause or grounds of its caption. If this is not required, a door will be opened to great oppression on the part of magistrates, and great mischief to the citizens (1).

* Morton, Attorney-General.

The record of the justice, which came up with the recognizance, fully discloses ihe cause of taking it. The writ follows the recognizance, and sets forth a sufficient breach of the condition.