be convicted of extortion, or wilful neglect of his duty, or misdemeanor in his office, the court before whom he shall be so convicted, may adjudge that he shall be amoved from his office, and thereupon, if he shall have been elected by the freeholders of any county, a writ shall issue for the amoving him from his office and electing another coroner in his stead, but if such coroner shall have been appointed by the lord of any liberty or franchise, or in any other manner than by election of the freeholders, then such lord or other person entitled to the appointment of such coroner shall, upon notice of such judgment of removal, appoint another in his stead. 30 Geo. 3. c.9. The 30 Geo. 3. c. 9. Ir. does not seem to be a general act which authorizes the grand juries of such parts of Ireland, in which they were then empowered to present for coroners in lieu of fees, to present for said coroners any sum not exceeding 40 guineas at each assizes, in lieu of fees, and instead of the sums which they were then empowered to present. lr. $3. III. Justices of the peace are the next species of subJustices of the ordinate magistrates. With respect to their appointment peace-their appointment. the 1 Edw. 3. st. 2. c. 16. E. & I. enacts, that for the better 1 Edw. 3. st. 2. keeping and maintenance of the peace in every county, good men and lawful, which are no maintainers of evil, c. 16. E. & I. or barrators in the county, shall be assigned to keep the The 4 Edw. 3. c. 2. E. & I. contains a similar 4 Edw. 3. c. 2. peace. E. & I. E. &. I. 18 Edw. 3. st.2. provision. And the 18 Edw. 3. st. 2. c. 2. E, & I. enacts c. 2. E. &. I. that two or three of the best reputation in the several counties shall be assigned keepers of the peace. And 34 Edw. 3.c. 1. by the 34 Edw. 3. c. 1. E. & I. in every county of England, there shall be assigned for the keeping of the peace one lord and with him three or four of the most worthy in the county, with some learned in the law; who shall have power to restrain offenders, rioters, and other barrators, and to arrest and punish them according to their trespass or offence, and to cause them to be imprisoned, and duly punished according to the law and customs of the realm; and also to inquire of those that have been pillors and robbers in parts beyond the sea, and go wandering about and will not labour; and to take and arrest all that they they find by indictment or by suspicion and put them in prison, and to take of such as be not of good fame, sufficient surety and mainprize for their good behaviour toward the king and his people; and the others duly to punish to the intent that the people, merchants, or others, may not be troubled or endamaged by such rioters and rebels and also to hear and determine at the king's suit all manner of felonies and trespasses done in the same county, according to the laws and customs of the realm. The 18 Edw. 3. (supra) had also previously provided, that when need should be, the keepers of the peace should, with other wise and learned in the law, be assigned by the king's commission, to hear and determine felonies and trespasses done against the peace in said counties, and to inflict reasonable punishments. By the 2 Hen. 5. st. 2. 2 Hen. 5. st. 2. c. 1. E. & F. the justices of the peace shall be made by the king's commission, by the advice of the chancellor and the king's council, of the most sufficient persons dwelling in the same counties, without taking other persons dwelling in foreign counties, to execute such office, (except the lords and justices of assizes, and the king's chief stewards of the duchy of Lancaster). c. 1. E. & I. The number of justices of the peace in each county, which Their number and qualification. was limited by the 18 Edw. 3. st. 2. c. 2. and 34 Edw. 3.c. 1. 12 Ric. 2. c. 10. in the manner above-mentioned, was increased to six by E. & I. the 12 Ric. 2. c. 10. E. & I. and afterwards to eight by the 14 Ric. 2. c. 11. E. & I. And with respect to their 14 Ric. 2. c. 11. qualification, the 13 Ric. 2. st. 1. c. 7. E. & I. required 13 Ric. 2 st. 1. that they should be made of the esquires, and gentlemen of the E. & I. most sufficient knights, c. 7. E. & 1. law, of the respective counties. The 2 Hen. 5. st. 2. c. 1. E. & I. also re- 2 Hen 5.st 2. quired residence as a qualification, having enacted, that c. 1. E. & 1. justices of the peace shall be made of the most sufficient persons, dwelling in the same counties, by the advice of the chancellor and of the king's council. And it was provided by the 18 Hen. 6. c. 11. E. & I. that no jus- 18 H n.6.c.11. tice of the peace should be assigned, if he had not land to the value of £20 by the year; and that if any such be assigned who should not have land, &c. to that value, he should inform the chancellor of England, who should accordingly VOL. I. R E. & 1. 3. 2. accordingly put another in his place; and if he should not give such information within a month after having notice of such commission, or if he should sit or make any warrant by force of such commission, he should incur the penalty of £20 and be put out of the commission; one half of such penalty to the king, and the other to him that would sue for the same, to be recovered by writ of debt. But by s. 2. this ordinance was not to extend to cities, towns, or boroughs, which were counties incorporate of themselves, and which had justices of the peace dwelling within the same. And this act provided, that if there were not sufficient men learned in the law having lands &c. to the value aforesaid, and within any county, the chancellor should have power to put other discreet persons learned in the law in such commissions, though they had not lands &c. to such value. 5 Geo. 2. c. 18. But the 5 Geo. 2. c. 18. Eng. (as amended by the 18 Geo. 2. c. 20. Eng.) enacts that no person shall be capable of being a justice of the peace for any county, who shall not have either in law or equity to his own use in possession, a freehold, copyhold or customary estate, for life, or for some greater estate, or an estate for years determinable upon one or more lives, or for a term originally created for 21 years or more, in lands lying in England or Wales, of the yearly value of £100, over all incumbrances, and above all rents and charges payable out of the same; or who shall not be seised of or entitled unto, in law or equity to his own use, the immediate reversion or remainder in lands, &c. lying as aforesaid, which are leased for 1, 2, or 3 lives, or for years determinable upon 1, 2, or 3 lives, upon reserved rents, and which are of the clear yearly value of £300; and who shall not before he takes upon himself to act as a justice of the peace, at some general or quarter sessions for the county, &c. for which he intends to act first take and subscribe the following oath, viz. Eng. 18Geo. 2. c. 20. Eng. Oath of quali fication. “I, A. B. do swear that I truly and bona fide have "such an estate in law or equity, to and for my own use and benefit, consisting of(specifying the "nature of such estate, whether messuage, land, rent, “ tithe "tithe, office, benefice or what else) as doth qualify me to act "as a justice of the peace for the county, riding, or "division of according to the true intent and "meaning of an act of parliament, made in the 18th year of the reign of his majesty king George the se“cond, intitled, 66 an act to amend and render more ef"fectual an act passed in the 5th year of his present ma"jesty's reign, intitled, " an act for the further quali"fication of justices of the peace." And that the same "(except where it consists of an office, benefice, or eccle"siastical preferment, which it shall be sufficient to ascer"tain by their known and usual names) is lying or "being, or issuing out of lands, tenements, or hereditaments, being within the parish, township, or precinct "ofor in the several parishes, townships, or pre"cincts of—in the county of or in the se"veral counties of(as the case may be)" which oath shall be kept by the clerk of the peace amongst the records of the sessions; and such clerk of the peace shall upon demand deliver an attested copy thereof (fee 2s.); which being proved to be a true copy of such oath, shall be evidence thereof in any action or information brought upon this act.-And by s. 3. any per-1.3. son who shall act as a justice, &c. without having taken and subscribed said oath, shall for every such offence forfeit £100-one moiety to the use of the poor of the parish in which he usually resides, and the other to the use of such person as shall sue for the same, to be recovered with costs by action of debt, &c. in any court of record at Westminster; and in every such action the proof of his qualification shall lie on such person against whom such action is brought. By s. 4. if the defendant in any such action intend to insist upon any lands, &c. not contained in such oath, as his qualification to act at the time of the supposed offence, he shall, at or before the time of his pleading, deliver to the plaintiff or informer or his attorney, a notice in writing, specifying such lands, &c. (other than those contained in the oath,) and the parish, township, precinct, or place, and the county wherein the same are, (offices and bene s. 5. S. 6. S. 7. Actions for pe fices excepted, which it shall be sufficient to ascertain bytheir usual names) and if the plaintiff, &c. shall thereupon not proceed any further, he may with the leave of the court discontinue any such action, &c. on payment of such costs as the court shall award: but by s. 5. upon the trial of the issue in any such action, &c. no lands, &c. not contained in such oath and notice, or one of them, shall be allowed to be insisted on by the defendant as a part of his qualification. By s. 6. when the lands contained in the said oath or notice are together with other lands, &c. belonging to the person taking such oath, or delivering such notice, liable to any charges, rents, or incumbrances, the lands, &c. contained in said oath or notice, shall be deemed chargeable only so far as the other lands, &c. so jointly charged are not sufficient to pay the same and by s. 7. when the qualification or any part thereof consists of rents, it shall be sufficient to specify in such oath or notice, so much of the lands, &c. out of which such rent is issuing, as shall be of sufficient value to answer such rent. By s. 8. in case the nulties and their plaintiff or informer shall discontinue, or be nonsuited, or judgment be given against him, the person against whom such action, &c. is brought, shall recover treble costs. By s. 9. only one penalty of £100 shall be recovered from the same person by virtue of these acts, for the same or any other offence committed by such person, before the bringing of the action, &c. upon which such penalty shall have been recovered, and due notice given to the defendant of the commencement of such action, &c. And by s. 10. when an action, &c. is brought and due notice given thereof, no proceedings shall be had upon any subsequent action, &c. againt the same person, for any offence committed before the time of giving such notice, but the court where such subsequent action, &c. is brought, may, upon the defendant's motion, stay proceedings therein, so as such first action be prosecuted with effect and without fraud; but no action, &c. not so prosecuted, shall be deemed an action, &c. within the meaning of this act. By s. 11. every action, &ĉ. given by these acts, shall be commenced within 6 calendar incidents. s. 8. s. 9. s. 10. s: 11. months |