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" No person shall act as an attorney or soli, citor, unless he shall have been bound for five years, and served the same.t And the whole service must have been with the same attorney, or by his assignment, except in case of death, when such clerk may be turned over.g And he must be adınitted, sworn, and inrolled before he can act as an attorney, under a penalty of 501. and being disabled thereafter. But quakers may be admitted on their affirmation."
Admission, and inrollment, presupposing a compliance with all the conditions enacted by statute, such as the payment of stamp duties, &c. it is unnecessary to notice those which are imposed on articles of clerkship, or any others which may be necessary in the process of qualifying to act as attornies, merely as du. ties, but it must be observed that every attorney, to entitle himself to practice in that capacity, must“ annually take out a certificate Certificate from the commissioners of stamps, under a "ecessary. penalty of 501. and being disabled to practice:" Any attorney, therefore, wbo may
* 12 Geo, 1, c. 29. i
1 37 Geo. 3, c. 90.--39 and 40, do. c. 72.--and 48, do. C. 149,
have omitted to take out such certificate, has forfeited his right to act in that capacity
in the Court of Quarter Session. . Having been It it almost unnecessary, in the last place, struck off the rolls. to observe, that any attorney who has been .
struck off the rolls of the Courts above, as sometimes occurs, for dishonorable practices, although not especially provided against by any positive law, is no longer an attorney of. such superior Courts, and cannot, therefore, be permitted to practice in the inferior ones, and, of course, is not admissible in that of the Quarter Session of the Peace.
By virtue of their commission, it is per- Authority of fectly clear that Justices of the Peace may
the Sessions. execute all statutes made for the keeping of the Peace, as well those made before the institution of their office, as since. * .
But they have also, by several particular statutes, authority given them over offences, created, described, prohibited, or punished,.: by those statutes respectively, which are not described in their commission. The Justices of the Peace, are not, em- Justices of
"the Peace phatically, Justices of oyer and terminer, for not design
nated by Jus- there is a distinct commission of that descrip. tices of Üyer and Termi- tion; therefore statutes which limit an offence
to be tried before such Justices, do not comprehend Justices of the Peace.* On this ground, although before Judges of Assize popular actions, and indictments for misdemeanors, may be presented and tried at the same session, they cannot be before Justices of the Peace, but by consent; although felo
nies may be. Felonies. In as general terms, then, as brevity re
commends ; but as comprehensive, at the same time, as precision seems to require ; the authority of Justices extends not to hear and determine, treasons or præmunire, although they may apprehend and examine the offenders, as they may do in every case of felony what. ever (of which these are but particular instances) and commit them for trial ;£ nor forgery, nor perjury at common law, but to the same ex
tent. Murder and Although the commission doth not menmanslaugh- tion murders and manslaughters by express ter.
name, but only felonies generally, yet by such general word they have power to hear and determine, murder and manslaughter, and also may take an indictment of se defendendo.ll
2 Hawk. c. 8. Ibid. 2 Hale's Hist, 46. .
But though Justices of Peace, by force of . . their coinmission may have authority to hear and :: determine felonies, yet it has been generally thought advisable for them to proceed no far- ' ther than as above, in relation to murder or manslaughter, or any other offences from which the benefit of the cleroy is taken, and only in smaller matters, as petty larceny, 'and. such, to bind over to the Sessions ; but this is but in point of discretion and convenience, not because they have not jurisdiction of the crimes. *
By the stat. of Edw. 3, c. 1, and also by Trespasses, the express words of their commission, Jastices of the Peace máy hear and determine all, and all manner of, trespasses. . !
This is a word of very general extent, and in a large sense not only comprehends all inferior offences, which are properly and directly against the Peace, as assaults and batteries, and the like, but also all others which are so only by construction, as all breaches of the law in general are said to be.
Yet, like perjury and forgery at common law, any offences which do not directly tend to cause a personal wrong, or open violence, are not cognizable by them, unless it be by the express words of their commission, or some statute. I
* Ibid=Prac. Expos. "Title, PEACE, JUSTICES OF, Sect. I..
† Ibid. Saik. 406.