JUS 



1X0 



the act be of a judicial nature, or the re- 

 sult of discretion, the two justices must 

 be present, to concur and join in it, other- 

 wise it wi be void : as in the orders of 

 removal and filiation, the appointment of 

 overseers, and the allowance of the in- 

 denture of a parish apprentice; but 

 \vhere the act is merely ministerial, they 

 may act separately, as in the allowance of 

 a poor-rate. This is the only act of two 

 justices which has been construed to be 

 ministerial ; and the propriety of this con- 

 struction has been justly questioned. 



Where a justice shall exceed his au- 

 thority in granting a warrant, the officer 

 must execute it, and he is indemnified for 

 so doing ; but if it be in a case wherein 

 he has no jurisdiction, or in a matter 

 whereof he has no cognizance, the officer 

 ought not to execute such warrant ; for 

 the officer is bound to take notice of the 

 authority and jurisdiction of the justice. 

 If a justice of the peace will not, on com- 

 plaint to him made, execute his office, or 

 if he shall misbehave in his office, the 

 party grieved may move the Court of 

 King's Bench for an information, and af- 

 terwards may apply to the Court of Chan- 

 eery to put him out of the commission. 

 But the most usual way of compelling 

 justices to execute their office, in any 

 case, is by writ of mandamus out of the 

 Court of King's Bench. 



^Where the plaintiff in an action against 

 a justice, shall obtain a verdict, and the 

 judge shall in open court certify on the 

 back of the record, that the injury for 

 which such action was brought was wil- 

 fully and maliciously committed, the plain- 

 tiff shall have double costs. And if a jus- 

 tice of peace act improperly, knowingly, 

 information shall be granted. No justice 

 shall be liable to be punished both ways, 

 that is, criminally and civilly ; but before 

 the court will grant an information, they 

 will require the party to relinquish his 

 civil action, if any such be commenced. 

 And even in the case of an indictment, 

 and though the indictment be actually 

 found, the Attorney-General, on applica- 

 tion made to him, will grant a noli prosetjui 

 upon such indictment, if it appear to him 

 that the prosecutor is determined to carry 

 on a civil action at the same time. 



If any action shall be brought against a 

 justice for any thing done by virtue of his 

 office, he may plead the general issue, 

 and give the special matter in evidence ; 

 and if he recover, he shall have double 

 costs. Such action shall not be laid but 

 in the county where the fact was com- 

 mitted. And no suit shall be commenced 



against a justice of the peace till after one 

 month's notice. And unless it is proved 

 upon the trial that such notice was given, 

 the justice shall have a verdict and costs. 

 And no action shall be brought against 

 any constable or other officer, or any per- 

 son acting by his order and in his aid, for 

 any thing done in obedience to the war- 

 rant of a justice, till demand hath been 

 made, or left at the usual place of his 

 abode, by the party or by his attorney, in 

 writing, signed by the party demanding 

 the same, of the perusal and copy of such 

 warrant, and the same has been' refused 

 or neglected for six days after such de- 

 mand. And no action shall be brought 

 against any justice, for any thing done in 

 the execution of his office, unless com- 

 menced within six months after the act 

 committed. 



JUSTICIA, in botany, so named from 

 James Justice, a genus of the Dianclria 

 Monogynia class and order. Natural or- 

 der of Personate. Acanthi, Jussieu. Es- 

 sential character : corolla ringent ; cap- 

 sule two-celled, opening with an elastic 

 claw; stamina with a single anther. There 

 are eighty species, mostly natives of the 

 Cape of Good Hope and the East Indies. 

 There are only two commonly known in 

 our English gardens, viz. J. adhatodar, 

 Malabar nut; and J. hyssopifolia, snap 

 tree. 



JUSTICIES is a writ directed to the 

 sheriff to do justice in a plea of trespass 

 t'i et armis, or of any sum above 40s. in the 

 county court, of which he hath no cogni- 

 zance by ordinary power. It is in the 

 nature of a commission to the sheriff, and 

 is not returnable. 



IXIA, in botany, a genus of the Trian- 

 driu Monogynia class and order. Natural 

 order of Ensatse. Irides, Jussieu. Essen- 

 tial character : corolla one-petalled, tubu- 

 lar ; tube straight, filiform ; border six- 

 parted, bell-shaped, regular; stigmas 

 three or six, simple. There are fifty -four 

 species. Ixia differs from antholyza in 

 having the segments of the corolla nearly 

 equal ; from gladiolus, in the situation of 

 the segments of the corolla, and in having 

 the tube straight. Almost all the species 

 are natives of the Cape of Good Hope. 



IXOltA, in botany, a genus of the Te- 

 trandria Monogynia class and order. Na- 

 tural order of Stellatae. Rubiaceae, Jus- 

 sieu. Essential character : corolla one- 

 petalled, funnel-form, long, superior; 

 stamina above the mouth ; berry four- 

 seeded. There are nine species, of which 

 I. Americana, American ixora, has a 

 shrubby stalk, four or five feet high, send- 



