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years ; but others will have them to have been fetit oflener. 

 C.imtlcii fays, they were inilituted in the reign of king 

 Henry II. A. D. 1184 ; but they appear to be of an older 

 date. 



Tliey were fomewhat like our juflices of aflife at this 

 day ; though for authority, and manner of proceeding, very 

 different. 



Justices of Gaol-delivery, thofe commiffioned to hear and 

 determine caufes appertaining to fuch as, for any offence, 

 are call into prifon. 



Jullices of gaol-delivery are empowered by the common 

 law to proceed upon indiftments of felony, trefpafs, &c. 

 and to order execution or reprieve ; and they have power 

 to difcharge fuch prifoncrs as upon their trials fliall be ac- 

 quitted ; alfo all fuch againft whom on proclamation made, 

 no evidence appears to indidl ; which jullices of oyer and 

 terminer, &c. may not do. (2 Hawk. 24, 25.) But 

 thefe jullices have nothing to do with any perfon, not in 

 the cullody of the prifon, except in fome fpecial cafes ; as 

 if fome of the accomplices to a felony may be in fuch 

 prifon, and fome of them out of it, the jullices may re- 

 •ceive an appeal againft thofe who are out of the prifon as 

 well as thofe v.'ho arc in it ; which appeal after the trial of 

 fuch prifoners, ffiall be removed into &. R. and procefs 

 iffue from them agiinft the reft. But if thofe out of 

 prifon be omitted in the appeal, tliey can never be put into 

 any other ; becaufe there can be but one appeal for one 

 felony. 



In this way the gaols are cleared, and all offenders tried, 

 puniftied, or delivered, twice in every year. 



Their commiflion is now turned over to the jullices of 

 affife. See GAOL-iklkvry. 



Justices 0/ Ni/i Prius, are now the fame with juftices of 

 affife. It is a common adjournment of a caufe in the com- 

 mon pleas, to put It off to fuch a d;!V, Xifi prius jujUtiarii 

 'venerint ad eas parks ad capi::; ' "i which claufe 



of adjournment they are ccW y prius, as well 



■SA jujlices of ajjife, on accoui't '. mI actions they 



have to deal in. See N1.SI Priuj, and Jii;v. 



JusTiCE.s of Oyer nnd Terminer, were juftices deputed on 

 fome fpecial occalions to hear and determine particular 

 caufes. 



The commiffion of oyer and terminer is direfted to cer- 

 tain perfons, upon any infurredlion, heinous demeanour, or 

 trefpafs committed, who muft firlt enquire, by means of 

 the grand jnry or inqueft, before they are empowered to 

 hear and determine by the help of the petit jury. It was 

 tormerly held, that no judge or other lawyer could aft in 

 tlie commiffion of oyer and terminer, or in that of gaol- 

 delivery, within the county where he was born or inhabited ; 

 but it was thought proper by 12 Geo. II. cap. 27, to allow 

 any man to be a juftice of oyer and terminer and general 

 gaol-dchvery, within any county of England. 



Ju.sTlOES of the Peace, are perfons of iniereft and credit, 

 appointed by the king's commiffion to keep the peace of the 

 county where they live. 



Of thefe, fome, for fpecial refpcft, are made of the 

 quorum, fo as no bufinefs of importance may be dif- 

 patched without the prefeiice, or affent, of them, or one 

 of them. Now the praftice is to advance alnioft all of them 

 to that dignity, naming them all over again in the quorum 

 claufe except perhaps only fome inconfiderable perfon 

 for the fake of propriety ; and no exception is now allow- 

 able, for not cxpreffing in the form of the warrants, &c. that 

 the juftice who iffued them is of the quorum. Whenever 

 any juftice intendsto adl under this commiffion, he fues out 

 a writ of •* dediraus poteltatem" from the clerk of the 



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crown in chancery, empowering certain perfons th 

 named, to adminifter tiie ufual oaths to him ; whicL ■ 

 Jie is at liberty to aft. Every jufHce of peace hath a 

 rate power, and his ofRce is to call before him, exa 

 iffue warrants for apprehending, and commit to pi . 

 all thieves, murderers, wandering rogues; thofe that 1 ! 

 confpiracies, riots, and almoft all delinquents which . 

 occaiion the breach of the peace, and quiet of the ful 

 to commit to prifon fuch as cannot find bail, and i- 

 them brought forth in due time to trial ; and bind ovci- 

 profecutors to the affifes. And if they negleft to en 

 examinations and informations to the next gaol-del; , 

 or do not bind over profecutors, they fliali be lined, 

 juftice may commit a perfon that doth a felony in 

 own view, without warrant; but if on the inform <; 

 of another, he muft make a warrant under hand an : 

 for that purpofe. If a complaint and oath be made hi 

 a juftice of goods ftolen, and the informer, fnfpeftin^- 

 they are in a particular houfe, fliews the caufe of hi, i _ 

 picion, the juftice may grant a warrant to the conftable, £:c. 

 to fcarch in the place fulpefted, to feize the goods and per- 

 fon in whofe cnilody they are found, and bring them before 

 him or fome other juftice. The fearch on thefe warrants 

 ought to be in the day-time, and doors may be broke open 

 by conftables to take the goeds. Juftices of peace may 

 make and perfuade an agreement in petty quarrels and 

 breaches of the peace, where the king is not entitled to a 

 fine, though they may not compound offences, or take 

 money for making agreements. A juftice hath a difcre- 

 tionary power of binding to the good behaviour, and may 

 require a recognizance, with a great penalty, of one, for 

 his keeping of the peace, where the party bound is a dan- 

 gerous perion, and likely to break the peace, and do muck 

 mifchief; and for default of fureties, he may be committed 

 to gaol. But a man giving fecurity for keeping the peace 

 in the king's bench or chancery, may have a fuperfedeas 

 to the juftices in the country not to take fecurity ; and alfo 

 by giving furety of the peace to any other juftice. If one 

 make an affault upon a juftice of peace, he may apprehend 

 the offender and commit him to gaol till he finds fureties for 

 the peace ; and a juftice may record a forcible entry on his 

 own poffeffion : in other cales he cannot judge in his own 

 caufe. Contempts againft juftices are punifhable by indift- 

 ment and fine at the fcffions. Juftices ftiall not be regularly 

 puniftied for any thing done by them in feffions as judges ; 

 and if a juftice be tried for any thing done in his office, he 

 may plead the general iflue, and give the Ipecial matter in 

 evidence : and if a verdift is given for him, or the plaintiff 

 be non-fuited, he ftiall have double cofts ; and fuch action 

 ftiall only be laid in the county where the offence was com- 

 mitted. (7 Jac. cap. J. 21 Jac. cap. 12.) But if they are 

 guilty of any mifdemeanor in office, information lies againit 

 them in the king's bench, where they ftiall be puniftied by 

 fine and imprifonment : and all perfons who recover a 

 verdici againft a juftice, for any wilful or malicious 'injury, 

 are entitled to double cofts. By 24 Geo. II. cap. 44. no 

 writ ftiall be fued out againft any juftice of peace, for any 

 thing done by him m the execution of his office, until notice 

 in writing fhall be delivered to him one month before the 

 fuing out of the fame, containing the caufe of aftion, &c. 

 within which month he may tender amends ; and if the 

 tender be found fufficicnt, he fliall have a verdift, &c. Nor 

 fliall any aftion be brought againft a juftice for any thing 

 done in the execution of his oflice, unlefs commenced within 

 fix months after the aft committed. 



A juftice is to exercife his authority only Within, the 

 county where he is appointed by his commiffion, not "in any 



city 



