taken in the plural as well as the singular number. .. 66 66 for such warrants, and thereby avoided being punished for the offences wherewith they were charged. It is therefore enactPerson is to be ed by 24 Geo. 2. c. 55. “ That in case any person, against "whom a warrant shall be issued by any justice of the peace any county or place within this kingdom, shall escape, go into, reside, or be in any other county or place out of the jurisdic"tion of the justice granting such warrant as aforesaid, it shall " and may be lawful for any justice of the peace of the county or place where such person shall escape, go into, reside, or be, "and such justice is hereby required, upon proof being made upon oath of the hand-writing of the justice granting such warrant, to indorse his name on such warrant, which shall be "a sufficient authority to the person bringing such warrant, and "to all other persons to whom such warrant was originally "directed, to execute such warrant in such other county or "place out of the jurisdiction of the justice granting such war"rant as aforesaid, and to apprehend and carry such offender "before the justice who indorsed such warrant, or some other "justice of such other county or place where such warrant was indorsed, in case the offence, for which the offender shall be so apprehended in such other county or place as aforesaid, shall be "bailable in law, and such offender shall be ready and willing to give bail for his appearance at the next assizes or general gaol-delivery, or next general quarter-sessions of the peace to "be held in and for the county or place where the offence was "committed, in the same manner as the justices of the peace of "the proper county or place should or might have done in such proper county or place; and the justice of such other county or place so taking bail as aforesaid, shall deliver the recognizance, together with the examination or confession of such offender, and all other proceedings relating thereto, to the constable, tithingman, or other person or persons so apprehending "such offender as aforesaid, who are hereby required to receive "the same, and to deliver them over to the clerk of the assizes, Justices may 66 66 66 66 66 or clerk of the peace of the county or place where such of"fender is required to appear by virtue of such recognizance; " and on default so to deliver over the same, the person neglecting shall forfeit £10. And in case the offence for which such "offender shall be apprehended and taken in any other county or place shall not be bailable in law; or such offender shall "not give bail to appear as aforesaid to the satisfaction of the "justice before whom such offender shall be brought in such "other county or place; then, and in that case, the person ap"prehending such offender shall carry and convey such offender "before one of the justices of the peace for the proper county " or place where such offence was committed, there to be dealt "with according to law.-No prosecution shall be brought against the justice for or by reason of his indorsing such war"rant. But the justice who originally granted the warrant, may "be prosecuted in the same manner as he might have been if "this act had not been made.” 66 + Sect. 51. By 28 Geo. 3. c. 49. reciting that the administrajoining counties, tion of justice was frequently obstructed for want of resident act for two ad justices 66 66 justices of the peace, it is enacted, "That any justice of the peace acting as such for any two or more counties, being adjoining counties, may act as a justice of the peace in all matters "and things whatsoever concerning, or in any wise relating to any or either of the said counties; and that all acts of such "justice of the peace, and the acts of any constable, or other "officer in obedience thereto, shall be as valid, good, and effec"tual in the law, to all intents and purposes whatsoever, as if "such acts of the said justices had been done in the county to "which such acts more particularly relate; and all constables "and other officers of the said county or counties to which such act or acts relate, are hereby authorised and required to obey "the warrants, orders, directions, act and acts of such justice or justices so granted, given and done, and to do and perform "their several offices and duties, under the pains and penalties "to which any constable or other officer may be liable for a neglect of duty: Provided always, that such justice or justices if they reside in "be personally resident in one of the said counties at the time either, at the time of acting. "of doing such act or acts: Provided also, that the warrants, "orders, or directions, so to be given and granted, be directed " and given in the first instance to the constable or other officer " of the county to which the same more particularly relate." " " offenders before county, &c. + Sect. 52. By 28 Geo. 3. c. 49. s. 2. it is enacted, That, Constables, &c. " from and after the passing of this act, it shall and may be law- may carry "ful for any constable, tythingman, headborough, or other peace justices acting "officer, or any other person or persons apprehending or taking for the county, "into custody any person or persons offending against law, and and resident in the adjacent "whom they lawfully may and ought to apprehend and take into custody by virtue of his or their office or offices, or otherwise "howsoever, to convey and take the person or persons so apprehended or taken into custody as aforesaid, to any justice or "justices of the peace acting for the said county, and resident in "such adjoining county as aforesaid; and the said constables, tythingmen, headboroughs, and other peace-officers, and all " and every other person or persons, are hereby authorised, empowered, and required, in all such cases, so to act in all things as if the said justice or justices of the peace was or were "resident within the said county to which they respectively belong; and all and every person or persons obstructing or hin"dering the said constables, tythingmen, headboroughs, or other 66 peace-officers, in the execution of their respective offices, in "the said county or counties adjoining as aforesaid, shall be, "and are hereby made liable to the same pains and penalties "for such obstruction and hinderance of the said officers in the "execution of their respective offices, as if the same had been "committed in the county for which the said constables, tything"men, headboroughs, or other peace-officers, were appointed to "act. VIII. What commissions of this kind require a special suit to the king for granting of them. c. 5. Sect. 53. It seems agreed, that notwithstanding all such com- Lamb, b. 1. missions must be in the king's name, as hath been more fully B. Commis. 5. shewn chapter the fifth, section the first, yet there is not any Dalt. c. 3. E 2 need 1 Lev. 219.* Roll. 135. Ld. Raym. 1030. 3 Burn, 8. (a) But see 1 Ann. c. 8. s. 2. Crom. 2. 9. 2 Hale, 46. 3 Burn, 22. Crom. 9. 2 R. Abr. 95. The King and 3 Geo. 1. Justices may act though not of the quorum. need of a special suit or application to, or warrant from the king, for the granting of them; for this is only requisite for such as are of a particular nature, as constituting the mayor of such a town, and his successors, perpetual justices of the peace within their liberties, &c. which commissions are neither revocable by the king, nor determinable by his death, as the commission for the peace is, (a) which is made of course by the lord chancellor, according to his discretion. IX. How far justices of peace have power to proceed on indictments not taken before themselves. Sect. 54. It is certain, that subsequent justices of peace may proceed upon indictments taken before their predecessors; but this seems chiefly to depend upon 11 Hen. 6. c. 6. which, reciting the inconvenience that pleas and processes upon indictments before justices of the peace had often been discontinued by making of new commissions of the peace, to the great loss of the king, &c. ordains, "That such pleas, suits, and processes "before justices of the peace, shall not be discontinued by new commissions of the peace, but stand in force; and that "the new justices, after that they have the records of the same "pleas and processes before them, may continue, and finally "hear and determine the same, &c." And this is further confirmed by 1 Edw. 6. c. 7. s. 6. But it is certain that they cannot proceed on an indictment taken before a coroner, or justices of oyer and terminer, or gaol-delivery, nor deliver persons suspected by proclamation. But by Edw. 4. c. 2. they are enabled to proceed on indictments taken before the sheriff at his tourn. X. By what name such justices are to be described. Sect. 55. It is observable, that they are expressly commis-. sioned by the name of "justices of peace;" and in no part of. their commission are called by the name of " keepers of the. peace;" yet inasmuch as by 18 Edw. 3. c. 2. which is one of the first statutes made concerning their institution, they are expressly called "keepers of the peace;" and the principal end of their office is for the keeping of the peace; and their usual description in certioraris is by the name of "keepers of the peace;" it hath been adjudged, that the caption of an indictment (whereof justices of peace have conusance), coram A. B. et C. D. custodibus pacis et justiciariis domini regis in such a place, is good, without expressly naming them justices of peace. Also it hath been resolved, that the description of justices of peace by the name of justiciarii domini regis ad pacem conservandam, &c. is good, without saying ad pacem domini regis, for that it is necessarily implied. (6) Sect. 56. And it is recited by 26 Geo. 2. c. 17. "That whereas authority is given by many acts of parliament to two or more justices of the peace, whereof one or more are to be of the quorum, and that divers acts, orders, adjudications, warrants, confirmations (6) Also by the words our peace," when the king dies the surety of the peace is discharged, for the party is not bound to keep the peace of the succing sovereign. Cromp. 124. 66 confirmations of indentures, and other instruments done, made, and executed by two or more justices of the peace, without expressing that they are, or that one of them is of the quorum, have been and may be for that reason only, impeached, set aside, and vacated;" it is therefore enacted, "That no act, order, adju“ dication, warrant, indenture of apprenticeship, or other instru“ ment already made, done, or executed, or hereafter to be made, "done, or executed by two or more justices of the peace, which "doth not express that one or more of the justices is or are of "the quorum, shall be impeached, set aside, or vacated for that "defect only." XI. What authority justices of peace have in relation to felonies. 66 S. P. C. 53. 58. 32.50. Sect. 57. It is observable, that such of the said justices as are Com. Dig. 45. of the quorum only are expressly authorised to inquire of, and hear and determine felonies and trespasses, and that the abovementioned statute of 18 Edw. 3. after it hath ordained, "That "some persons shall be assigned keepers of the peace by the "king's commission," saith in another distinct clause, "That at "what time need shall be, the same shall be assigned by the "king's commissions to hear and determine felonies and trespasses, &c." From whence it is inferred, that justices of peace have no power to hear and determine (a) felonies, unless (a) Crom. 120. they be authorised so to do by the express words of their com- 96. mission. And this opinion is further confirmed by the authority Sum. 165. 207. of the year books of (b) 2 Rich. 3. pl. 9. a. b. and 12 Hen. 7. 2 Hale, 43, 44. pl. 25. a. wherein it is adjudged, that a certiorari to remove (b) B. Indict. certain indictments taken before justices of peace was not good, Co. Lit. 391. because it named them only "justice of peace," without adding that they were" also assigned to hear and determine felonies,' &c. Yet it seems, that it may probably be argued for the contrary opinion, that the statute of 34 Edw. 3. c. 1. is express, "that the persons assigned for the keeping of the peace shall "have power (among other things) to hear and determine felo"nies and trespasses," &c. And this seems to be the principal ground of the resolution in the case of Barnes v. Constantine (c), (c) Co. Jac. 32. wherein it is adjudged, that the setting forth of an indictment in Yelv. 46. a declaration as taken before "justices of peace being also "assigned to hear and determine felonies," &c. was well justified upon oyer of the record, wherein it was taken before "jus"tices of peace," without adding, that they were "assigned to "hear and determine felonies," &c. And as to the authority of Staunford and Hale, it may be answered, that their opinion is expressly grounded on the wording of the statute of 18 Edw. 3. and it does not appear that they considered the purport of 34 Edw. 3. As to the authority of 2 Rich. 3. pl. 9. it may be answered, that the certiorari therein mentioned was for the removal of an indictment for counterfeiting coin, and that the power of justices of peace to take such an indictment depends wholly upon the statute of 3 Hen. 5. c. 7. whereby it is enacted, "That the justices of peace throughout the realm shall have power by the king's commissions to inquire of the said "offence." And as to what is said in 12 Hen. 7. c. 25. it may 66 be 2 Roll. 151. Dyer, 69. Summary, 165. 2 Hale, 44. 9 Co. 118. 697. 2 R. Abr. 96. Stra. 1256. be answered, that the certiorari therein mentioned was to remove certain indictments, but it doth not appear from the book what those indictments were; so that it is possible they might be of a special nature, not within the general purview of 34 Edw. 3. c. 1. Sed quære. Sect. 58. However it is certain, that such a clause in the commission of justices "to hear and determine felonies, &c." gives C. Eliz. 87.601. them no jurisdiction over an offence which by statute is specially appointed to be determined by justices of oyer and terminer, because "such justices" shall be intended to mean such justices of oyer and terminer only which properly and usually are so called, and not those who are distinctly known by another name. And from hence it follows, that justices of the peace have no power to take an indictment upon this statute of 5 Eliz. c. 14. concerning forgery; nor on the 2 and 3 Edw. 6. c. 24. against accessaries in one county to felonies in another; nor on any other statute which specially limits the jurisdiction of determining any other felony to other justices of a particular denomination. Yet inasmuch as all felonies include in them a breach of the peace, and the 2 and 3 Philip and Mary, c. 10. which directs justices of peace to take the examinations of all such persons as shall be committed by them for felony, seems to suppose them to have a general power of committing all persons accused of any kind of felony, and the general practice has always been agreeable hereto, it is said, that justices of the peace may take the examination of persons brought before them for any kind of felony, and commit them to prison; and also take the information of the prosecutors upon oath, and bind them over to prosecute, and commit those who shall refuse to be so bound, if it appear that they can give material evidence. Also, inasmuch as the said statute of 2 and 3 Philip and Mary, c. 10. and also 1 and 2 Philip and Mary, c. 13. direct justices of peace, in cases of "homicide and other felonies," to take the exasays they may mination of the offenders, and information of others, and to certify take an inquisi- the same to the justices of gaol-delivery, it hath been generally der if the body thought advisable for justices of peace to proceed no farther in cannot be found. relation to any felonies though within their commission, except only petit larcenies. (7) Kely. 1. Dalt. c. 20. 2 Hale, 14. Summary, 169. 2 Hale, 46. Strange, 848. 1 Hale, 414. tion of self inur 4 Com. D. 44. Comb. 405. Lamb.226. (a) Dalt. c. 90. 212.460. XII. What authority justices of the peace have in relation to TREASON, pramunire, and misprision of treason. Sect. 59. It seems to be agreed, that notwithstanding none of these offences are within the letter of their commission, yet inasmuch as they are against the peace of the king, and of the realm, any justice of the peace may, either upon his own knowledge, or the complaint of others, cause any person to be apprehended for any such offence. And it is the opinion both of Dalton (a) and (7) Justices of the peace in England may commit an offender against the Irish law for felony in order to be transmitted to Ireland to be tried, the offence being committed there. Strange, 848. Barnard, K. B. 225. Fitzgibb. 111. 14. Viner Abr. 569. pl. 7. But a justice cannot take a person from the custody of the king's bench, and send Sir him to the county gaol, but he may, by his warrant, charge him criminally, where he is in custody. Strange, 828. Two justices may take a recognizance for the appearance of one charged with felony on the high seas at the sessions of admiralty, and the recognizance may be estreated into the exchequer. Parker, 241. |