*Upon the return being read and filed, the Court im-
mediately discharged the prisoner, observing that the order of the justice for disobedience to which he had been committed, was illegal, as well in requiring him to pay costs, as in demanding sureties of the peace for a year, instead of ordering him to recognize for his appearance at the next term of the Common Pleas, and in the mean time to keep the peace, &c.
See Commonwealth vs. Ward, 3 Mass. Rep. 417.