Page images
PDF
EPUB

s. 3.

S. 12. Ir.

the peace in England or Wales, during such time as they shall continue in practice. And by s. 3. any person who shall not be qualified according to this act, and shall take upon himself to act as a justice of the peace, shall forfeit £100 for every such offence, one moiety to the king,

and the other to such as shall sue for the same, by 2 Geo. 1. c. 11. action of debt, &c. at Westminster. The 2 Geo. 1.

e. 11. ș. 12. Ir. prohibits attornies from practising in any causes for the recovery of small debts in a summary way, (ie, by civil bill) in any county where they shall be justices of peace: but no Irish statute contains any such general provision as that of the 5 Geo. 2. above

mentioned Commissions not s. By virtue of the 7 & 8 W.3. c. 27, s. 21. Eng. as exdeath of king. plained by the 1 Ann, st. 1. c. 8. Eng. commissions of 7 & 8 W.3. the peace continue in force until 6 months after the de

Apn. st. 1. mise of the king: the latter of these statutes having C. 8. Eng.

enacted, (s. 2.) that no patent or grant of any office or employment, civil or military, shall cease or be void, by reason of the death or demise of the king, but that every such patent, &c, shall be in force for 6 months after such demise, unless in the mean time superseded, determined, or made void by the next successor. This

act was by s. 6. declared to extend to Ireland; and 21 & 220en. B. has been recognized by the 21 & 22 Geo. 3. c. 48. Ir. 1 Geo. 3. c. 13. The 1 Geo. 3.c. 13.s. 1. Eng. as explained by the 7 Geo. 3.

c. 9. Eng. enacts, that all persons who have been or Eng. sball be appointed justices of the peace, by any com

mission granted by his present majesty, or any of his successors, and who shall take the path of office of a justice, for any county, &c. before the clerk of the peace of such county, &e. or his deputy, and who shall have taken and subscribed at some general or quarter sessions of the peace, the oath prescribed by the 18 Geo. 2. (ante page 242) shall not be obliged, during the reign in which such oath shall have been so taken, to take and subseribe again said oath, by reason of such person being again appointed a justice by any commission during such reign, and shall not incur any penalty

or forfeiture for the .not taking or subscribing the said 8, 2, Eng. oath. And by the Geo. 3, c. 13. s. 2. no person who

hath

c. 48. s. 3. Ir.

s. 1. Eng.
1 Geo. 3. c. 9.

i Geo. 3. c. 13. oath.

8. 4. & 6. Ir.

hath taken or shall take the usual oaths under a writ or commission of dedimus potestatem, shall be obliged to sue out any other dedimus, to authorize any person therein pamed to administer again to any such justice, on any new commission of the peace being issued, the oaths usually annexed to such dedimus; but the clerk of the peace or his deputy of every county, &c. for which aný such justice hath acted and qualified, or before the issuing of any such new commission of the peace sball act and qualify, sball, on every such new commission of the peace being issued, prepare a parchment roll with the oaths, annexed to and usually taken under said writ or commission, ingrossed in such roll, and shall administer, without fee, the said oaths to every such justice, and such justice shall subscribe his name on said parchment roll, and the said roll shall be kept by the respective clerks of the peace amongst the records of the sessions. By the 7 Geo. 3. c. 16. s. 4. & 6. Ir, no justice of peace who shall 7 Geo. 3. c. 16. have taken the oaths, &c. shall be obliged to qualify again on any subsequent commission during the same reign, unless left out of some renewed commission, and afterwards inserted in one for the same place.

The clause of the 1 Edw. 6. c. 7. s. 4. Eng. which Commission noz was expressly adopted or followed by the 10 Car. 1. st. 2. being created c. 14. Ir. enacts, that albeit any person being (justice of duke, 8c assize or gaol delivery or) justice of peace within any of s. 4. Eng. the king's dominions, or being in any other of the king's c. 14. Ir. commissions, shall be made or created duke, archbishop, marquis, earl, viscount, baron, bishop, knight, justice of the one bench or the other, serjeant at law, (or sheriff) yet he sball remain justice and commissioner, and have full power to execute the same: but this clause, so far as it extended to authorize sheriffs to act as justices, was altered by the 1 Mar. st. 2. c. 8. Eng. and 7W. 3. c. 13. Ir. which respectively prohibit sheriffs from exercising the office of justices in the counties of which they shall be sheriffs, as already stated ante-page 216.

As in most corporation towns, there are quarter sessions kept before justices of their own, within their respective limits, * the 2. & 3. Ph. & M. c. 18. Eng. may 2&3.Ph.&M.

be

c. 18. Eng. * Blackstone's Cumment. vol. 4. p. 272.

1 Edw. 6. c. 7.

10 Car. 1. st. 2.

[ocr errors]

Commission of be here stated, which provides, that any commission of munty 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 porete. good and effectual in law, notwithstanding the granting

of
any

like commission for the conservation of the peace, for delivery of the prisoners in the gaol of any shire,

bearing date after the said other commission. Fees of justices.

The fees of justices of the peace in England are as

certained in many cases by several statutes imposing par12 Ric. 2. c. 10. ticular doties upon them. And by the 12 Ric.2.c. 10.E.& 1. E&L

they were allowed 4s, the day for the time of their session, and their clerks 23. out of the fines and amerciaments

of the same sessions, by the hands of the sheriffs. The 26 Geo. 2.c.14. 26 Géo. 2. c. 14. Eng. required the justices of the peace Eng.

throughout England, at their respective general quarter Fees of the

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 2. & 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 Gen.". c.26. 27 Geo. 2. c. 16. s. 4. Eng. a like table of fees for MidS. 4, El dlesex shall be confirmed by the two lord chief justices,

and

$. 3.

s. 1. Ir.

$. 3.

[ocr errors]

and the lord chief baron or any two of them.' And in Ireland the 3 Geo. 2. c. 16. Ir. regulates the fees of juss 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 is. 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

Clerks of justices 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 Act proclaimed 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. IV. With respect to constables, it was ordained by

$ 4. the statute of Winchester, 13 Edw. 1. st. 2. c. 6.

their ancient E. &. I. that in every hundred and franchise 2 constables

duty. should be chosen to make the view of armour; and who 13 Edw. 1.st. 2. should present before the justices assigned, such defaults 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

Constables

C. 6. E. & 1.

constables intre.

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 divected 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 land 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 depuły 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 jo Hen. 7. c. 9. §. 3. Ir. also enacted that

there should be in every parish, constables of able persons inbabitants 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. Mode of apa pointing consta

As to the mode of appointing constables, the 13 & 14 bles-vand dura- Car.2. c. 12.s. 15. Eng. recites that the laws and statutes for tion of their of fice. the apprehending of rogues and vagabonds have not been 13 & 14 Car. 2. duly executed, sometimes for want of officers by reason

Jords of manors do not keep court leets every year for the making of them; and therefore enacts, 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, &e. until the said lord shall hold a court, or until the next quarter sessions, who

sball

F. 3. Ir.

« PreviousContinue »