Action on account of any conviction. And unless it is proved upon the trial that such notice was given, the justice shall have a verdict and costs."* And further, by a still more recent statute, "that in all actions whatever, which shall be brought against any Justice of the Peace, for or on account of, any conviction under any act of parliament; or for any act,matter, or thing whatsoever, done or commanded to be done by such justice, for the levying any penalty, apprehending any party, or for or about the carrying of any such conviction into effect; in case such conviction shall have been quashed, the plaintiff in such action, besides the value and amount of the penalty levied, in case any levy thereof shall have been made, shall not be entitled to recover any more damages than 2d. nor any costs; unless it shall be expressly alleged in the declaration, and which shall be in an action upon the case only, that such act were done maliciously, and without any reasonable and probable cause. And such plaintiff shall not be entitled to recover against such Justice any penalty levied, nor any damages or costs whatsoever, in case such Justice shall prove at the trial that such plaintiff was guilty of the offence whereof he had been convicted, or on account of which he had been apprehended, or had otherwise suffered, and that he had undergone no * 24. Geo. 2. c. 44. greater punishment than was assigned by law to such offence."* These instances of protection, it will be observed, relate only to the private duties of Jus tices out of Session, and are sufficient for the purpose of shewing generally how much they are the objects of favor by the law. For further instructions, then, on this first division of the subject, other authorities must be referred to, while we pass on to the proper object of present consideration," the indemnity under which Justices perform their duties in Session." And it appears that similar protection is afforded to the Justices in Session, that we have seen is held out to them when acting in their individual capacity, whether in repelling insults committed against their dignity, or in excusing errors committed by them. of the Court. Every contempt committed in the face of the Contempt Court is punishable instantèr by imprisonment, in the face for this is a power necessarily attached to every Court of Justice ; such as rude and contumelious behaviour, obstinacy or prevarication, breach of the peace or disturbance, treating with disrespect the process of the Court,§ arresting any suitor of the Court in the face * 43 Geo. 3, c. 141. † See Pract. Expos. Title, PEACE, JUSTICES OF. 2 Hawk. c. I.. 4 Black. Com. 285. thereof upon a civil suit, &c.* and for all these and similar offences against decency and good' manners, as has been observed, the Justices in Imprison- Session may instantly order the offender to be apprehended and imprisoned at their discretion.† ment in con sequence thereof. Contempt out of Court. But they cannot, as the superior Courts do, award an attachment for contempts of their orders committed out of Court, but must have Indictment recourse to bill of indictment; which, being found, authorizes them to issue a warrant to apprehend the offender, to be dealt with as for any other misdemeanor.‡ in conse quence thereof. It is also broadly laid down by many authorities, that Justices are not punishable for what they say, or do, in Sessions, unless there be manifest oppression, or wilful abuse of power.§ It has even been said that a Justice is not punishable by indictment for words addressed to jurors, in his judicial capacity, however gross they may be; as where a Justice, in the General Session of the Peace, said to the grand jury, "You have not done your duty, you have disobeyed my commands; you are a seditious, scandalous, corrupt, and perjured jury;" for Lord Mansfield, on a motion to quash an indictment against a Justice of the Peace for * 2 Hawk. c. 1. + Staunf. P. C. 73. 2 Sess. Ca. 176. § Staunf. P. C. 173.-2 Barnardist 249. using such words, is reported to have said as follows: "A judge of a court of record cannot be put to answer civilly, or criminally, for words spoken in office." And upon a motion for an information against four Justices for refusing to amend a poor rate, under circumstances of even strong suspicion of improper motives, the same Chief Justice took occasion to say, "it must be a very strong case indeed, with very flagrant proofs of corruption, in which the court would grant an information against judges acting in a court of record with powers entrusted to them by the constitution.* THE SHERIFF OF THE COUNTY is the next The Sheriff. officer of the session who claims notice. He was by the common law a principal conservator of the peace; and may, ex-officio, award process of the peace, and take surety for it; and it is said that the security so taken is a recognizance, and matter of record. But, as has been previously observed, he cannot, during his shrievalty, act in the capacity of a justice of the peace, And he has no authority to take a bond for the appearance of persons arrested by him, under process issuing upon an indictment at the sessions for a misdemeanor, but * 1 Black. Rep. 432, E How appointed. must take a recognizance for their appear ance.* At the common law this officer was chosen by the county, as the coroner is at this day; but he is now appointed" at the Exchequer by the Chancellor, Treasurer, and Chief Baron, taking to them the Chief Justices."+ Must attend It is the duty of the Sheriff, either in person the Sessions. or by deputy, to attend the Sessions of the Peace, there to return his precepts, to receive fines for the king, and to take charge of the prisoners. For the county gaol is under the direction of the Sheriff by statute.§ Insomuch, that if the gaoler, who is merely his servant, suffer a felon to escape, the Sheriff may be inindicted, fined, and imprisoned.|| He is also punishable by the Justices in Session for any default in executing their writs Punishable and precepts; for being an officer of that by Sessions. court, he is of course amenable to it.** But if he have a warrant from a Justice of the Peace to execute, he is not obliged to do it in person, but may authorize another to execute it, but he is nevertheless answerable for its being regularly done. T |