Page images
PDF
EPUB

Commission of be here stated, which provides, that any commission of

the peace for a

ounty not a su- the peace and of gaol delivery granted to any city or persedeas to one for a town cor- town corporate not being a county in itself, shall stand porate. good and effectual in law, notwithstanding the granting of any like commission for the conservation of the peace, or delivery of the prisoners in the gaol of any shire, bearing date after the said other commission.

Fees of justices.

E. & L.

Eng.

Fees of the

The fees of justices of the peace in England are 25certained in many cases by several statutes imposing par12 Ric. 2. c. 10. ticular duties upon them. And by the 12 Ric.2.c. 10. E. & I. they were allowed 4s. the day for the time of their session, and their clerks 2s. out of the fines and amerciaments of the same sessions, by the hands of the sheriffs. The 26 Geo. 2.c.14. 26 Geo. 2. c. 14. Eng. required the justices of the peace throughout England, at their respective general quarter sessions to be held next after the 24th June, 1753, to elerks of justices make and settle a table of fees to be taken by their clerks, which was to be laid before the judges at the next assizes or great sessions for the respective counties, to be ratified by them with such alterations as should appear just and reasonable. And this statute enacts that it shall be lawful for the justices of peace at their respective quarter sessions, from time to time to make any other table of fees, instead of that then required to have been made, and after the same shall be approved of at the next general quarter sessions, to lay such new table before the judges at the next assizes or great sessions, who are hereby authorized to ratify the same in such manner as they shall think fit; and no table of fees shall ..& 4. be valid until ratified by the said judges. And by s. 2. & 4. if any clerk shall after 3 calendar months from the time that such table of fees shall be so ratified, demand or take any other or greater fee, he shall forfeit £20. to any person who shall sue within 3 months by action of debt, &c. at Westminster. And by s. 3. the said table of fees shall be deposited with the clerk of the peace, who shall cause true copies thereof to be kept constantly in a conspicuous part of the room where the sessions are held, on pain of forfeiting £10. to be recovered as aforesaid. And by the 27 Geo.C. c.26. 27 Geo. 2. c. 16. s. 4. Eng. a like table of fees for Middlesex shall be confirmed by the two lord chief justices,

!

s. 4. E

8. 3.

and

s. 1. Ir.

and the lord chief baron or any two of them. And in Ireland the 3 Geo. 2. c. 16. Ir. regulates the fees of jus- 3 Geo. 2.c. 16. tices of the peace, and prohibits their clerks from taking such upon any pretence. This statute enacts that no Fees of justices regulated. justice of the peace of any county, &c. (other than the justices of the court of K. B.) shall for or in the execution of his office demand or receive any other fees than 6d, for each warrant, and 1s. for every recognizance; and no fee or reward shall be taken by any justice of the peace for any warrant, recognizance, mittimus, discharge, or other act to be done in the execution of his office; nor (by s. 2.) shall any fee be taken in any case of felony or treason. And by s. 3. if any person shall take any fee or reward on account of his trouble or in respect of his acting as clerk under any justice of the peace, he not to take fees. shall forfeit 40s. to the party who shall first give information in writing of any such offence, before any justice of peace, or chief magistrate of any city, &c. to be recovered within a month by civil bill. This act is by s. 5. required to be read in open court at every general Easter quarter sessions by the clerk of the peace or his deputy, on pain of forfeiting 40s, to him who shall first sue by civil bill, at the next assizes for such county.

The statutes which respect the office, duty and power of justices of peace, as well as those which have been passed for their relief against vexatious actions, and for their ease in pleading, will be found in the subsequent parts of this Digest.

[ocr errors]

s. 3.

Clerks of justices

8.5.

Act proclaimed

$4.

IV. With respect to constables, it was ordained by the statute of Winchester, 13 Edw. 1. st. 2. c. 6. Constables-E. &. I. that in every hundred and franchise 2 constables their ancient" should be chosen to make the view of armour; and who 13 Edw. 1.st. 2. duty.

should present before the justices assigned, such defaults c. 6. E. & I. as they should see in the country about armour prescribed (by this chapter of the act) for the different classes of men in the community, according to their age and quality of estate; and in respect of making fresh suit and following hue and cry from town to town (as directed by chapter 1. of this statute): and in respect to highways (the breadth of which was regulated by chapter 5): and

they

Ir.

constables in Ire

they were thereby also directed to present all such as should lodge strangers in uplandish towns, for whom they would not answer; and by chapter 4 of this statute, watch and ward were directed to be kept, in all cities, boroughs, and towns, and inquiry made by the bailiffs of towns as to any strangers or suspicious persons lodged or received in the suburbs or remote extremities of great towns. And in Ireland, in addition to the provisions of the statute of Winchester which were in force in this 5 Edw. 4. c. 5. kingdom, the 5 Edw. 4. c. 5. Ir. enacted that in every English town of this land, that passed three houses Ancient duty of holden by tenants where no other president was, there should be chosen by his neighbours, or by the lord of such town, one constable to be president and governor of said town in all things pertaining to the common rule thereof, as in the ordinance of night watch from Michaelmas to Easter yearly; and it was by this statute the special duty of such constable, to have every man of such town, between the age of 60 and 16, mustered before him or his deputy, at such time as he or his deputy should appoint, and to exercise them in shooting 3 times every feast day between the 1st day of March and last day of July at butts to be provided by such towns for that pur10 Hen. 7. c. 9. pose. The 10 Hen. 7. c. 9. s. 3. Ir. also enacted that

land.

f. 3. Ir.

Mode of ap

pointing consta

fice.

c.12. s. 15. Eng.

there should be in every parish, constables of able persons inhabitants within said parishes, who should call before them on every holyday the parishioners having bows and arrows, to shoot two or three games at the batts, in order that they should sooner attain the practice and experience of archers.

As to the mode of appointing constables, the 13 & 14 bles--and dura- Car. 2. c. 12. s. 15. Eng. recites that the laws and statutes for tion of their ofthe apprehending of rogues and vagabonds have not been 13 & 14 Car. 2. duly executed, sometimes for want of officers by reason lords of manors do not keep court leets every year for .the making of them; and therefore enaets, that in case any constable, headborough, or tithingman shall die, or go out of the parish, any 2 justices of the peace may make and swear a new constable, &c. until the said lord shall hold a court, or until the next quarter sessions, who

shall

s. 3. Ir.

of Ireland.

shall approve of the said officer, or appoint another as they shall think fit. And if any officer shall continue above a year in his office, then the justices in their quarter sessions may discharge such officer, and put another in his place, until the lord of the manor shall hold a court as aforesaid. The 7 Geo. 2. c. 12. s. 3. Ir. enacts 7 Geo. 2. c. 12. that every high constable for any barony in any county (except the county and city of Dublin) shall be appointed High constables by a presentment of the grand jury of such county, at the general assizes held for the same, to be confirmed by the court, and not at any quarter sessions; and such high constable shall continue in his office for one year, unless sooner removed by the presentment of a grand jury, to be confirmed as aforesaid; and shall at the expiration of one year be discharged from said office, provided he has duly accounted for the public money which came to his hands, and shall produce to the grand jury at the assizes, an authentic discharge for the same under the hand of the treasurer of such county. And by the 23 Geo. 2. c. 14. s. 3. Ir. every person who shall 23Geo. 2. c.14. serve one year in the office of high constable, and shall §. 3. Ir. have accounted for the public money, and be legally discharged, shall not be compelled by any grand jury to

s.

serve again for 7 years. The 36 Geo. 3. c. 55. s. 28. Ir. 36Geo. 3. c.55. enacts, that the grand jury of every county in Ireland, s. 28. Ir. shall at the spring assizes in every year, appoint a high constable for each barony or half barony in such county,

for which high constables had been theretofore appointed.

23Geo. 2. c. 14.

The 23 Geo. 2. c. 14. s. 1. Ir. also provides, that if any Petty constables seneschal of a manor shall neglect to hold his leet, at the in Ireland. time when the same ought to be held for appointing petty s. 1. Ir. constables, or such leet being held, shall neglect to appoint petty constables, and if the sheriff of any county having the appointment of petty constables in his torn shall neglect to hold his torn, at the time when the same ought to be held for appointing such constables, or such torn being held, there shall be a neglect in appointing such petty constables, or if from any other cause no petty constable shall be duly appointed for any district at the proper time, the justices of the peace for the county in which

such

s. 2.

such torn or leet is, shall at their next sessions appoint for that time, and swear petty constables for the several districts and divisions within the precincts of such torn or leet respectively; and if the justices of the peace shall neglect so to do, then the justices of and at the next assizes for such county, (and the judges of the court of K. B. in term for the county of Dublin,) upon the presentment of the grand jury of such county, shall appoint and swear, or order to be sworn before a justice of the peace of such county, the person named in such presentment, into the office of petty constable for any district, &c. so neglected; provided however that the petty constables so appointed by the justices of the peace, judges of assize, (or judges of K. B.) shall not be compelled to serve for a longer time than if they had been duly appointed in the torn or leet. And this act s. 2. provides, (in a manner similar to the 13 & 14 Car. 2. c. 12. s. 15. Eng.) that if any petty constable, during the time of his serving in the office, shall die or remove out of the precincts of the district, &c. or shall be lawfully removed from the said office, then it shall be lawful for any 2 justices of the peace for the county, to appoint and swear a new petty constable in his room, to continue until the next torn or leet, or in default of such being held at the usual time, until the next sessions of the peace after such usual time, and in default of such next sessions until the next assizes; at which next torn, leet, sessions, or assizes, as the case shall be, the sheriff, seneschal, justices, or judges may approve of the constable so appointed and sworn, or appoint another to serve the remainder of the time of the constable so dying or reAnte page 253. moved. The 36 Geo. 3. c. 55. s. 28. Ir.* also empowers the grand jury of every county to appoint any number of sub-constables, not exceeding 10 in every barony or halfbarony within such county; and such sub-constables shall be subject to all the regulations, powers, and provisions 325eo. 3. c.16. contained in the 32 Geo. 3. c. 16. Ir. which enacts, (s. 2.) that such constables shall at all times be aiding and assistDuty of sub. ing in preserving the peace and executing the law, within every barony or half barony, or in any other part of such

&. 2. Ir.

constables.

of

« PreviousContinue »