King s Peace and English Peace-Magistracy. 47 



ment in Great Britain. The mass of enactments relating to 

 the subject is overwhelming. The "stacks of statutes" 

 which seemed so formidable to Lambard have grown into 

 mountains well-nigh insurmountable.^ The foremost writer 

 on English local government seems to shrink in dismay- 

 before the task of subjecting them to systematic treatment.^ 

 " Long ago lawyers abandoned all hope of describing the 

 duties of a justice in any methodic fashion, and the alphabet 

 has become the one possible connecting thread."^ 



The county magistrates act in several different capacities. 

 Certain duties may be performed by one alone ; others require 

 the co-operation of two or more — the so-called "petty ses- 

 sions " ; while the more important judicial and administrative 

 business, the general superintendence of county affairs, is 

 reserved to the " quarter sessions of the peace." * 



All these tribunals are said by English writers to possess 

 both criminal and civil jurisdiction. But under "civil juris- 

 diction " is comprehended much that is merely executive or 

 administrative ; while as judicial bodies the tribunals of the 

 justice of the peace are essentially criminal courts, though 

 a limited amount of quasi civil litigation may come before 

 them.^ First let us notice the functions which may be per- 

 formed by a single magistrate out of sessions.^ 



Every justice is primarily a conservator of the peace; and 

 in this capacity he may apprehend offenders, issue warrants 

 of arrest, take sureties of the peace or for good behavior, and 

 exercise all other powers belonging to a custodian at common 

 or statute law, or by his commission." 



^ Cf. the remarks of Maitland, Justice and Police, 84. - Gneist, II, 197 ff. 



3 Maitland, Justice a7td Police, 84. All recent legal treatises on the justice of 

 the peace are arranged alphabetically. 



* An excellent summary of the powers of the justice in his various capacities is 

 given by Goodnow, Local Govt, in Eng. : Pol. Sc. Quart., II, 652-9. The little 

 manual of Wright, The Office of Magistrate, or the more elaborate work of Pul- 

 ling, Handbook for County Authorities, will be found convenient. 



^ Lambard, Eirenarcha, 59; Maitland, Justice and Police, 90. 



*• Lambard^ Eirenarcha, Book II, pp. 72-308, is devoted to the duties of the 

 smgle justice. ^ Gneist, II, 201-7; Ija-vc^zx^, Eirenarcha, 'ja^'S.. 



281 



