JUSTICES. 



and such commission must be in his 

 name ; but it is not requisite that there 

 should be a special suit or application to, 

 or warrant from the King for the granting 

 it, which 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 deter- 

 minable by his demise, as the common 

 commission of the peace is, which is made 

 of course by the Lord Chancellor accord- 

 ing- to his discretion. 



The form of the commission of the 

 peace, as it is at this day, was, according 

 to Hawkins, settled by the judges about 

 23 Elizabeth. 



Justices of the peace have no power to 

 hear and determine felonies, unless they 

 are authorised so to do by the ex- 

 press words of their commissions ; and 

 that their jurisdictions to hear and deter- 

 mine murder, man-slaughter, and other 

 felonies and trespasses is by force of the 

 express words in their commission. 



But though justices of the peace, by 

 force of their commission, have authority 

 to hear and determine murder and man- 

 slaughter, yet they seldom exercise a ju- 

 risdiction herein, or in any other offences 

 in which clergy is taken away, for two 

 reasons : 1. By reason of the monition 

 and clause in their commission, viz. in 

 cases of difficulty to expect the presence 

 of the justices of assize. 2. By reason of 

 the direction of the statute of 1 and 2 

 Philip and Mary, c. 13, which directs 

 justices of the peace, incase of manslaugh- 

 ter and other felonies, to take the exami- 

 nation of the prisoner, and the information 

 of the fact, and put the same in writing, 

 and then to bail the prisoner if there be 

 cause, and to certify the same with the 

 bail, at the next general gaol delivery ; 

 and therefore in cases of great moment 

 they bind over the prosecutors, and bail 

 the party, if bailable, to the next general 

 gaol delivery ; but in smaller matters, as 

 petty larceny, and in some other cases, 

 they bind over to the sessions ; but this is 

 only in point of discretion and convenience, 

 not because they have not jurisdiction of 

 the crime. 



As to inferior offences, the jurisdiction 

 herein given to justices of the peace, by 

 particular statutes, is so various, and ex- 

 tends to such a multiplicity of cases, that 

 it would be endless to endeavour to enu- 

 merate them ; also they have as justices 

 vf the peace a very ample jurisdiction in 



all matters concerning 1 the pence. Ana 

 therefore not only assaults and batteries, 

 but libels, barratry, and common nighi- 

 walking, and haunting bawdy. houses, ami 

 such like offences, which have a duvet 

 tendency to cause breaches of the peace, 

 are cognizable by justices of the peace, 

 as trespasses within the proper and natu- 

 ral meaning' of the word. 



On renewing the commission of the 

 peace (which generally happens when 

 any person is newly brought into it) a 

 writ of dedimns potestatem is issued out of 

 chancery, to take the oath of him who is 

 newly inserted, which is usually in a sche- 

 dule annexed, and to certify the same 

 into that court at such a day as the writ 

 commands. Unto which oath are usually 

 annexed the oaths of allegiance and su- 

 premacy. 



Justices of the peace are to hold their 

 sessions four times in the year, viz the 

 first week after Michaelmas, the Epipha- 

 ny, Easter, and St. Thomas. They are 

 justices of record, for none but justices 

 of record can take a recognizance of 

 the peace. Every justice of the peace 

 has a separate power, and may do all 

 acts concerning his office apart and by 

 himself; and even may commit a fellow 

 justice upon treason, felony, or breach of 

 the peace. By several statutes, justices 

 may act in many cases where their com- 

 mission does not reach ; the statutes 

 themselves being a sufficient commission. 



Justices of the peace are authorized to 

 do all things appertaining to their office, 

 so far as they relate to the laws for the 

 relief, maintenance, and settlement of the 

 poor; for passing and punishing va- 

 grants ; for repair of the highways, or to 

 any other laus concerning parochial 

 taxes, levies, or rates : notwithstanding 

 they are rated or chargeable with the 

 rates, within any place aflTected by such 

 their acts. Provided that this shall not 

 empower any justice for any county at 

 large, to act in the determination of any 

 appeal to the quarter sessions of such 

 county, from any order, matter, or thing', 

 relating to any such parish, township, or 

 place, where such justice is so charged or 

 chargeable, 16 Geo. II. c. 18 The power 

 of justices is ministerial, when they are 

 commanded to do any thing by a supe- 

 rior authority, as the court of Banco He- 

 gis, &c. In all other cases they act as 

 judges; but they must proceed accord- 

 ing to their commission, &c. Where a 

 statute requires an act to be done by two 

 justices, it is an established rule, that if 



