WHAT STATUTES MAY BE EXECUTED BY A Jus-
TICE OF THE PEACE.

Justices of the peace may, by virtue of their com-
mission, execute all statutes whatsoever made
for the preservation of the peace.
ib.
But justices of the peace cannot execute a sta-
tute in the case of a new-created offence, un-
less authority be given to them for such pur-
pose in express words.
ib.
Instances of statutes which they cannot execute.
ib.

How JUSTICES FOR A COUNTY MAY ACT WITHIN
A LIBERTY.

Justices of peace for a county have no coercive
power out of the county, and therefore orders
of bastardy, &c. made out of the county are
not binding; but recognizances and informa-
tions taken by them in any place are good. 47
By 9 Geo. 1. c. 7. s. 3. if a justice of the peace
for a county dwell in any city or other pre-
cinct that is a county of itself, situate within

52

They may be named "keepers of the peace,"
although they are expressly commissioned by
the name of "justices of the peace."
The description of justices of the peace by the
name of "justices of our Lord the King to
preserve the peace," &c. is good, without say-
26 Geo. 2. c. 17. the acts of justices of the
ing
"the King's peace."
peace shall be good, though they are not
therein described to be of the quorum. ib.
OF THE JUSTICES' AUTHORITY IN FELONY.
Justices have herein no power unless their com-

the county for which he is appointed, he may By

grant warrants, take examinations, make orders, although such dwelling be out of the county.

48

ib

By 28 Geo. 3. c. 49. any justice acting for a
county, may act as such in any place within a
city, town, or precinct which is a county of
itself, and situated within, or surrounded by,
or adjoining to any such county; but they
cannot intermeddle in any motion arising
within such city, town, or precinct.
Justices of peace also may, by the special words
of their commission, act as well within liber-
ties as without.
ib.
Justices of the peace may execute their office
within a town which has a special commission
of the peace for its own limits, unless specially
excluded.
If therefore the crown grant to any city to have
justices of its own within itself, excluding the
county justices from intermeddling therein in
the ordinary business of a justice of the peace,
the acts of a county justice therein are void. ib.
But if a statute give jurisdiction to justices of
the peace residing near the place where of-
fences shall be committed, the justices of the
place and the county justices have concur-
rent jurisdiction.

49

ib.

mission authorises them to hear and determine felonies, which in general is given to those of the quorum only, and a certiorari has been quashed because it only mentioned justices of the peace, without adding they were assigned to hear and determine felonies; sed quære. 53 The clause in the commission, to hear and determine felonies, gives justices no jurisdiction over an offence which by statute is specially appointed to justices of oyer and terminer. 54 Justices of the peace have no power to take an indictment on 5 Eliz. c. 14. concerning for

gery.

ib. Nor on 2 & 3 Edw. 6. c. 24. concerning accessaries in one county to felonies in another. ib. Yet by force of 2 & 3 Philip and Mary, c. 10. and as all felonies include breach of the peace, justices of the peace may take examinations for any kind of felony, and commit the offenders, &c. &c.

ib'

ib. But as the 2 & 3 Ph. and Mary, c. 10. and 1 & ib. 2 Ph. and Mary, c. 13. direct justices to certify their examinations in homicide, they seldom proceed further in relation to any felonies, though within their commission, except only petty larcenies. Justices of the peace in England may commit an offender against the Irish law for felony, in order to be sent to Ireland, the offence being committed there. 54. (N). Two justices may take a recognizance for felony on the high seas, &c. &c. Justices may take an inquisition of murder if the body cannot be found.

So a charter granting jurisdiction to borough magistrates does not exclude the county justices from having concurrent authority, except there be express words to that effect in the charter. ib. By 15 Geo. 2. c. 24. city justices may commit persons apprehended within their limits to the house of correction for the county in which such city or liberty is situated, if the inhabitants thereof contribute to the support of such house of correction.

ib. By 24 Geo. 2. c. 55. justices of peace for one

ib.

ib.

1

THE

OF THE POWER OF JUSTICES OF PEACE IN
INFERIOR OFFENCES.

Justices of the peace are empowered to hear and
determine all trespasses; which comprehend
all inferior offences against the peace. ib.
By the common law justices of the peace have
no jurisdiction over forgery and perjury; the

reason of it.

Libels are indictable before justices of the peace.

ib.

By 24 Geo. 2. c. 44. no writ or process shall be sued out or served on a justice until notice thereof has been delivered to him at least one month before the same is sued out, in which notice the cause of action shall be stated. ib. By 24 Geo. 2. c. 44. s. 2. the justice may tender amends within a month after such notice. ib. By 24 Geo. 2. c. 44. s. 3. if the plaintiff, on the trial of such action, do not prove that he gave such notice, the justice shall have a verdict.

1

ib.

By 24 Geo. 2. c. 44. s. 4. if the justice shall not have tendered amends, he may, on leave, pay money into court. ib. 55 By 24 Geo. 2. c. 44. s. 5. no evidence shaft be received of any other cause of action than that which is contained in the notice. By 24 Geo. 2. c. 44. s. 6. no action shall be brought against any peace officer for any thing done under a justice's warrant, until a copy of such warrant has been demanded in writing and refused.

56

A person may be indicted before justices of the peace for being an extortioner or a nightwalker, and baunter of bawdy-houses. ib. Justices of peace have jurisdiction over all inferior crimes whether mentioned in their commission or not, as being against the peace. ib. IN WHAT CASES JUSTICES OF THE PEACE MAY

ACT THOUGH INTERESTED.

Justices of the peace cannot, by the general rule of law, execute their office in their own

59

ib.

By 24 Geo. 2. c. 44. s. 6. if after such copy any action is brought, the justice who signed the warrant must be made a defendant, and the jury, on producing and proving the warrant, shall give a verdict for the defendants, notwithstanding any defect of jurisdiction in the justice.

ib.

60

By 16 Geo. 2. c. 18. Justices may act in matters relating to the relief, settlement, and mainte-In what cases the defective warrant of the jusnance of the poor; to 'passing and punishing tice shall justify the officer. of vagrants; to the highways, and to parochial By 24 Geo. 2. c. 44. s. 7. If in any action on assessments, although rated to the charges of the parish in which they act. ib. But on an appeal against an order of removal those justices who are rated to the relief of the poor in either of the contending parishes, have no right to vote by virtue of this statute.

HOW FAR JUSTICES OF THE PEACE MAY ACT
THOUGH NOT OF THE QUORUM.

57

By 7 Geo. 3. c. 21. all acts to be done by two justices in such places where there is only one Justice of the quorum, shall be good, though neither of the justices who do the act is of the

quorum.

HOW FAR JUSTICES OF THE PEACE ARE

PROTECTED.

57

ib.

this statute the plaintiff obtain a verdict, and the judge certify that the injury for which the action was brought was wilful and malicious, the plaintiff shall have double costs. ib. All actions must be brought against a justice of the peace within six calendar months. Where there is a special verdict found in any action brought on this statute, and it appears, from the facts found, that the act was done by a justice of the peace, the master, on verdict for the plaintiff, must tax double costs, Secretaries of state and privy counsellors are though no certificate he made, not magistrates, nor king's messengers officers within the meaning of this statute. ib. On an action against a justice, on a conviction, the defendant must shew that his proceedings were regular.

HOW FAR JUSTICES OF PEACE MAY AWARD

COSTS.

By 18 Geo. 3. c. 19. when a justice hears a complaint, on any warrant or summons issued, he may award costs to be paid by either party, as he shall think fit, to be levied by distress. 61 Upon a conviction on a penal statute, where the penalty shall not exceed five pounds, the costs may be deducted from the penalty, provided they do not exceed a fifth part of such penalty. ib.

JUSTICIER.

See KING'S BENCH.

JUSTIFICATION,

See JUSTICES OF PEACE. ARRESTS. PLEADING.

KING.

See INDICTMENT. PARDON. CHALLENGE. COURTS.
How far the king's pardon will bar a qui tam.

384. s. 64

Sanctuary could only be claimed by grant from
the king, made or allowed in eyre since the
time of memory.
469. s. 3
The king may sue in what court he pleases.
ch. 27. s. 27

547. s. 46

Wherever the king appears to have been deceived
in his grant, it is void.
Where the king is a party there can be no pro-
cess by proviso.

session, are wholly out of the jurisdiction of the sheriff's torn, and of all such courts.

96. s. 26

Whether those who are taken by the commandment of the king are replevisable. See BAIL KING'S BENCH.

See BAIL. APPEAL. CERTIORARI. The king's bench retains all the power which remained in the court of the high justicier, after the courts of exchequer and common pleas were separated from it, especially the supreme jurisdiction in all criminal matters. 6. ch. 3 The king's bench is intrusted with the highest jurisdiction over all capital offences, misdemeanours, public breaches of the peace, oppressions of the subject, and all factions, controversies, debates, misgovernment, or other crime, manifestly against the public good.

7. s. 3

This court is empowered to find redress for every injury. ib. It is not necessary to shew a precedent for the remedial interposition of this court; for, being the custos morum of the realm, wherever it meets with an offence contrary to the first principles of common justice, and of dangerous. public consequence, it will adapt a punishment proportioned to the enormity of the offence. ib. s. 4 564 It is in the discretion of the king's bench to inflict such fine and imprisonment, and even infamous punishment on offenders, as the nature of the crime requires. ib. s. 5 This court is not confined to make use of their own prison, but may commit to any prison in the kingdom, and no other court can bail a prisoner committed by this court. ib. The king's bench may proceed on indictments found before any other courts, and removed into it by certiorari, as well as on indictments and informations originally commenced in it, ib. s. 6

567. s. 3

1. s. 1

The king shall not be bound by a statute which does not expressly name him. The king is a party in every indictment, and also, in some sort, in appeals. 571. s. 10 The king is the supreme magistrate of the kingdom, and intrusted with the whole executive power of the law. No court can have any jurisdiction, unless it some way or other derive it from the king. ib. The king cannot sit in judgment upon any indictment, because he is a party, and has delegated all his power to his judges. ib. s. 2 The king cannot alter the certain and established A statute which appoints that crimes of a cerrules of court, or add to the jurisdiction of an ancient court.

2

The king's grant of a judicial office for life which has been usually granted at will, is void.

&c.

tain denomination shall be tried before certain judges, does not exclude the jurisdiction of the king's bench without express negative words.

8. s. 6 Where a statute creates a new offence, and creates a new jurisdiction, prescribing a certain mode of proceeding for the punishment of it, it is questionable whether the king's bench has concurrent jurisdiction.

ib. s. 5 The king cannot grant even a mere spiritual jurisdiction. ib. note in marg. The king cannot grant any new commission whatsoever that is not warranted by ancient precedents, however necessary or conducive A record removed into the king's bench cannot to the public good.

ib.

regularly be remanded after the Term; but the judges, to prevent a delay of justice, may refuse to receive it, &c. ib. s. 7 The king's bench may grant a nisi prius, as well in cases of treason and felony as in other cases; and in such case the transcript of the record only is sent down to trial.

ib. By 6 Hen. 8. c. 6. the king's bench may remand and send down, as well the bodies of all felons and murderers brought before them as their indictments, into the counties where the offence shall have been committed, and may command the justices to proceed in the trial thereof,

3

The justices in the king's bench are conservators In what manner the body, &c. must be removed. of the peace throughout the realm, and supreme coroners over all England. This court during term, and any judge of it during vacation, may admit persons to bail for any crime whatsoever, except persons committed for contempts. ib. (N) Where the body of an offender attainted in the How far the king's bench may proceed in the County is removed by habeas corpus, and the indictment by certiorari into the king's bench, The king's bench may award process into any

ib. If a peer be convicted in parliament, and the day of execution elapse before execution done, the king's bench may appoint a new time of execution, the parliament not sitting. 656. (N)

issue in London shall be householders, and be worth £100 personal property.

576 By 4 Geo. 2, c. 7, leaseholders of £50 a-year over and above the ground-rents, may be By 11 Hen. 7, c. 21, and 4 Hen 8, c. S, jurors jurors in Middlesex.

in London in real and personal actions, shall The citizens of London have a special privihave the value of forty marks. 574. s. 21 lege by charter, that in appeals brought by any of them there shall be no wager of battle. 588. s. 6

What ought to be the form of the caption of By 28 Edw. 3, c. S, 42 Edw. 3, c. 3, and 25

An alderman of London is not compellable to be a constable; for his exemption is neces sary for the good government of the city. How far an appeal must be malicious, to intitle