printed and published without his knowledge, consent, or suspicion, and that, by reasonable care and diligence, he could not have prevented it.7

4. In prosecutions for any publication relative to the official conduct of men in public capacities, or the qualifications of candidates for popular suffrages; or where the matter published is proper for public information, the truth thereof may be given in evidence, and if proved shall be a complete justification; and in prosecutions for all other libels, the truth thereof, thus proved, shall be a complete justification, unless it appears that such publication originated in corrupt and malicious motives; and if any alleged libel is not justified in either of said modes, it shall be deemed malicious, unless the contrary is clearly proved.8

5. In all indictments for libel, the jury, after receiving the direction of the court, may determine, at their discretion, the law and the fact.

(p) FORMS FOR LIBEL.

1. Posting a man as a scoundrel.

A. B., of, &c., on —, at —, with force and arms, a certain false, scandalous, and libelous writing against the said J. B., falsely, maliciously, and scandalously did frame and make, and then and there cause to be written, published, and posted up, which said Writing is as follows, to wit: "J. B. (meaning the aforesaid J. B.), is a liar, a scoundrel, a cheat, and a swindler," and that the said A. B., with intent to scandalize the said J. B., and bring him into contempt, infamy, and disgrace, the aforesaid false, scandalous, malicious, and libelous writing so as aforesaid written, framed, and made, afterwards, to wit, on-, and in one of the public streets of said town, falsely, maliciously, and scandalously did publish and post up, to the great scandal, infamy, and damage of said J. B.

2. Libel on an attorney, in a letter.

at

that on, &c., at, &c., one A. B. was one of the attorneys of the supreme judicial court of this State, and had been and was before the composing, writing, and publishing of the several false, malicious, and defamatory libels hereinafter mentioned, retained, and employed by one C. D., in the business and employment of his the said A. B.'s profession of an attorney at law, to write a letter to one E. F., demanding payment of a certain sum of money, to wit, the sum of fifty dollars, then due and owing from

7.R. S. c. 129, § 3.-8 R. S. c. 129, § 4.-9 R. S. c. 129, § 5.

the said E. F. to the said C. D., and that the said E. F., of, &c., unlawfully and maliciously contriving and intending to injure, scandalize, vilify, and defame the said A. B., and to bring him into public scandal and disgrace, and to injure, prejudice, and ruin him in his said business and profession of an attorney at law, on, &c., at, &c., aforesaid, unlawfully and maliciously did compose and write a certain false, scandalous, malicious, and defamatory libel of and concerning the said A. B. in his business and profession, and of and concerning the demand aforesaid, so as aforesaid made by the said A. B. on the said E. F. as aforesaid, containing therein among other things the false, malicious, defamatory and libelous words and matter following, of and concerning the said A. B., that is to say [here insert the libelous matter, with proper innuendoes], which said false, malicious, and defamatory libel he the said E. F., afterwards, to wit, on, &c., at, &c., unlawfully and maliciously did send and cause to be sent to the said C. D., in the form of a letter addressed to the said C. D., and thereby then and there unlawfully and maliciously did publish and cause to be published the aforesaid libel.

CHAPTER XLII.

PROCEEDINGS FOR THE PREVENTION OF CRIMES.

1. The judges of the supreme judicial court, and of municipal and police courts, in vacation or in court, and trial justices in their counties, shall have power to cause all laws for the preservation of the public peace to be kept; and in the execution thereof may require persons to give security to keep the peace and be of good behavior, as hereinafter provided.1

2. Any such magistrate, on complaint that any person threatens to commit an offense against the person or property of another, shall examine, on oath, the complainant and any other witnesses produced, reduce the complaint to writing, and cause the complainant to sign it; and, if on examination of the facts he thinks there is just cause to fear the commission of such offense, he shall issue a warrant reciting the substance of the complaint, and commanding the officer, to whom it is directed, forthwith to

1 R. S. c. 130, § 1.

arrest the accused and bring him before such magistrate or court, subject to the provisions of section seven of chapter one hundred and thirty-two, R. S.2

3. When the accused is brought before the magistrate and his defense is heard, he may be ordered to recognize, with sufficient sureties, in the sum required by the magistrate, to keep the peace towards all persons, and especially towards the person requiring the security, for a term not exceeding one year, and to pay the costs of prosecution; but shall not be bound over to any court, unless he is also charged with some other specific offense requiring it.3

4. If the accused complies with such order, he shall be discharged; but if he does not, he shall be committed to the county jail for the time for which he was required to find sureties, or till he complies with such order; and the magistrate shall state in the mittimus the cause of commitment, and the time and sum for which security was required, and return a copy of the warrant to the next supreme judicial court in said county, and such court shall have cognizance of the case, as if the accused had appealed thereto.4

5. If the magistrate, on examination of the facts, is not satisfied that there is just cause to fear the commission of any offense, he shall immediately discharge the accused; and if he judges the complaint unfounded, frivolous, or malicious, he may order the complainant to pay the costs of prosecution, who shall thereupon be answerable to the magistrate, officer, and witnesses for their fees as for his own debt.5

6. Any person aggrieved by the order of such magistrate requiring him thus to recognize, on giving the security required, may appeal to the next supreme judicial court in the same county; and the magistrate shall thereupon require such witnesses, as he thinks proper, to recognize to appear at the appellate court; and such court may af firm or reverse the order of the magistrate, require the accused to recognize anew with sufficient sureties, and make such order as to costs as they deem reasonable."

R. S. c. 130, § 2.-3 R. S. c. 130, § 3.-- R. S. c. 130, § 4.-5 R. S. c. 130, § 5.— R. S. c. 130, § 6.

7. If the appellant fails to prosecute his appeal, his recognizance shall be in force for any breach of its conditions without an affirmation of said order, and stand as security for any costs which he is ordered by the court to pay."

8. Any person committed for not recognizing as aforesaid may be discharged by any judge or trial justice, on giving the security required.

9. Whoever in the presence of any of the magistrates aforesaid, or any court of record, makes an affray; threatens to kill or beat another, or commit any violence against his person or property; or contends with hot and angry words to the disturbance of the peace, may be ordered, without process or other proof, to recognize to keep the peace and be of good behavior for a term not exceeding three months, and otherwise dealt with as is provided in the preceding sections."

10. Whoever goes armed with any dirk, pistol, or other offensive and dangerous weapon, without just cause to fear an assault on himself, family, or property, on complaint of any person having cause to fear an injury or breach of the peace, may be required to find sureties to keep the peace for a term not exceeding one year, and, in case of refusal, may be committed as provided in the preceding sections.10

11. All recognizances taken under this chapter shall be returned to the supreme judicial court on or before the first day of the next term, and there filed by the clerk as of record; and, in any suit thereon, if the forfeiture is found or confessed, the court may remit so much of the penalty, and on such terms, as they think proper.'

11

12. Any surety in such recognizance may surrender the principal the same as bail in civil cases, and shall thereupon be discharged from all liability for any subsequent breach of the recognizance; and the principal may recognize anew with sufficient sureties for the residue of the term before a trial justice, and then be discharged."

7 R. S. c. 130, $ 7.-8 R. S. c. 130, § 8.-9 R. S. c. 130, § 9.-10 R. S. c. 180, § 10.-11 R. S. c. 130, § 11.-12 R. S. c. 130, § 12.

(a) FORMS FOR PROCEEDINGS FOR THE PREVENTION OF CRIMES.

1. Threatening to shoot.

A. B., of —, &c, on —, at —, him the said J. B. did threaten to shoot, insomuch that the said J. B. is afraid said A. B. will do him some bodily harm. Wherefore, the said J. B. prays that the said A. B. may be held to answer to this complaint, and to find sureties for keeping the peace.

An offense against the person or property of another may be inserted in the complaint.

2. Record of conviction.

STATE OF MAINE.

[Name of county, ss. Be it remembered, that on the day of in the year, &c., A. B., of —, in said county, [addition] was brought before me, J. S. H., esquire, a trial justice in and for said county of at my office in in said county, on the complaint on oath of J. B., of, in said county of in behalf of said State, wherein the said J. B. complains that [here insert the substantive allegations of the complaint], against the peace of said State, and contrary to the statute in such case made and provided.

And the said A. B., on being arraigned on said complaint by me, the said justice, pleaded thereto that he was not guilty in manner and form as was therein alleged. Whereupon, after a full hearing of the evidence adduced, as well in behalf of the State as in behalf of the said A. B., together with the defense of said A. B., it appears to me, the said justice, that the said A. B. is guilty in manner and form as is in said complaint alleged.

It is therefore considered by me, the said justice, that the said A. B. recognize to the State in the sum of dollars, with sufficient sureties in the like sum, to keep the peace towards all persons, and especially towards the said J. B., for the space of months, and to pay the costs of prosecution, taxed at dollars. Attest, J. S. H., Trial Justice.

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3. Recognizance for keeping the peace. [Name of county], ss. Be it remembered, that on the day of in the year, &c., A. B. as principal, and M. N. and O. P. as sureties, all of-, in said county of personally appeared before me, J. S. H., esquire, a trial justice in and for said county of and acknowledged themselves to be jointly and severally indebted to the State of Maine in the sum of dollars, to be levied on their goods or chattels, lands or tenements, and in want thereof upon their bodies, to the use of said State, if default be made in the performance of the condition hereunder written.

The condition of the above recognizance is such, that whereas the said A. B. was brought before me, said justice, at -, in said county, on the day of, in the year, &c., by virtue of a war