crime against his person or property has been threatened. The examination
is conducted as in case of a criminal offense.

Result.--If upon examination there appears reason to fear that the crime
will be committed by the party complained of, he shall be required to
enter into recognizance to keep the peace, failing in which he shall be
committed to jail for the time to be covered by the surety, said time not
to exceed six months.


REMARKS ON CRIMINAL TRIALS.

The care for the rights of the accused is based upon the principle in our
law, that every man shall be held innocent till _proved_ guilty. Another
principle is that a person accused of crime _cannot be tried in his
absence._ The purpose of arresting him is to secure his _presence_ at the
trial. If he can guarantee this by bail he is set at liberty, otherwise he
is confined in jail. (See p. 231.)


_Pertinent Questions._

Are the justices and constables town, county or state officers? How is it
known at the county seat who the justices and constables in each town are?
Define docket, summons, warrant, pleading, subpoena, crime, felony,
misdemeanor, venire, costs, execution, recognizance. Why are there two
justices in each town? What is meant by "change of venue?" How is an oath
administered in court? What persons may not serve as witnesses? If a
criminal should make confession of the crime to his lawyer, could the
lawyer be subpoenaed as a witness on the trial? Name some things "exempt