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PEA 
PEA 
PEA 
•peace, in case of manslaughter and other fe- 
lonies, to take the examination ot the pri- 
soner, and the information ot the fact, and 
put the same in writing ; and then to bail the 
prisoner if there is cause, and to certify the 
same with the bail at the next general gaol- 
delivery ; and therefore in cases of great mo- 
ment they bind over the prosecutors, and bail 
the party, if bailable, to the next general 
gaol-delivery ; but in smaller matters, as 
? jetty larceny, and in some other cases, they 
find over to the sessions ; but this is only in 
point of discretion and convenience, not be- 
cause they have not jurisdiction of the crime. 
As to inferior offences, the jurisdiction 
herein given to justices ot the peace by par- 
ticular statutes, is so various, and extends to 
such a multiplicity ot cases, that it would be 
endless to endeavour to enumerate them. 6 
Mod. 128. It has been held, that not only 
assaults and batteries, but libels, barratry, 
and common night-walking, and haunting 
bawdy-houses, and such like offences, which 
have a direct tendency to cause breaches of 
t he peace, are cognizable by justices ot the 
peace, as trespasses within the proper and 
natural meaning of the word. 1 Lev. 139. 
Duty. Justices of the peace are to hold 
their sessions four times in the year, viz. the 
iirst week after Michaelmas, the Epiphany, 
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 fel- 
low-justice upon treason, felony, or breach 
of the peace ; and this is the antient power 
which conservators of the peace had at com- 
mon law. By several statutes justices may 
act, in many caSes, where their commission 
does not reach ; the statutes themselves be- 
ing a sufficient commission. Wood, Inst. 79, 
80 . 
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, main- 
tenance, and settlement of the poof; for 
passing and punishing vagrants ; for repair of 
the highways ; or to any other laws concern- 
ing parochial taxes, levies, or rates ; notwith- 
standing they are rated or chargeable with 
the rat< s, with any place affected by such 
their acts. Provided that this shall not em- 
power 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. 
* 8 . 
The {>ower of justices is ministerial, when 
thev are commanded to do any thing by a 
superior authority, as the court of B. R. &c. 
In all other cases they act as judges; but 
they must proceed according to their com- 
mission, &c. Where a statute requires an 
act to be done by two justices, it is an estab- 
lished rule, that if the act is of a judicial na- 
ture, or the result of discretion, the two jus- 
tices must be present to concert and join in 
it, otherwise it will lie void; as in the orders 
of removal and filiation, the appointment of 
overseers, and the allowance of tiie indenture 
of a parish apprentice; but where the act is 
merely ministeiial, they may act separately. 
as in the allowance of a ppor-rate. This is 
the only act of tsvo justices which has been 
construed to be ministerial ; and the pro- 
priety of this construction has been justly 
questioned. 4 Duruf. & East, 386. 
It a justice of the peace does not observe 
the form of proceeding directed by a sta- 
tute, it is coram non judice, and void ; but if 
he acts according to the direction of the sta- 
tutes, neither the justices in sessions, nor B. R. 
can reverse what he has done. Jones, 170. 
Where a justice shall exceed his authority 
in granting a warrant, the officer must exe- 
cute it, and he is indemnified for so doing; 
but if it is in a case wherein he has no juris- 
diction, 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. 10 Co. 76. 
Justices acting improperly. If a justice of 
the peace will not, on complaint to him made, 
execute his office, or if lie shall misbehave 
in his office, the party grieved may move the 
court of king’s bench for an information, and 
afterwards may apply to the court of chan- 
cery 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 
ot 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, fir open court, certify on the back of the 
record, that the injury for which such action 
was brought, was wilfully and maliciously 
committed, the plaintiff shall have double 
costs. 24 G. IT. c. 44. And if a justice of 
peace acts improperly, knowingly, informa- 
tion shall be granted.* 27 G. III. 
No justice shall be liable to be punished 
both ways, that is, criminally and civilly ; 
but before the court will grant an informa- 
tion, they will require the party to relinquish 
Jus civil action, if any such is commenced: 
and even in the case of an indictment, and 
though the indictment is actually found, the 
attorney-general, on application made to him, 
will grant a noli prosequi upon such indict- 
ment, if it appears to him that the prosecutor 
is determined to carry on a civil action at the 
same time. Bur. 719. 
It 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 
lie recovers he shall have double costs. 7 
Tac. e. 5. Such action shall not be laid but 
in the county where the fact was committed. 
21 'l ac. c. 12. And no suit shall be com- 
menced against a justice of the peace till 
alter 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 person 
acting by his order and in his aid, for any 
thing done in obedience to the warrant of a 
justice, till demand has 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 demand. And no action shall be brought 
against any justice for any tiling done in the 
1 execution of his office, unless commenced 
within six months after the act committed. 
24 G. II. c. 44. 
PEACH, in botany. See Amygdalus. 
PEACOCK. See Pavo. 
PEAK of Derbyshire, a chain of very 
high mountains in the county of Derby in 
England, famous for the mines they contain, 
and lor their remarkable caverns. The most 
remarkable of these are Pool’s-hole and El- 
den-hole. The former is a cave at the foot of 
a high hill called Coitmoss, so narrow at the 
entrance that passengers are obliged to creep 
on all-fours ; but it soon opens to a consider- 
able height, extending to above a quarter of 
a mile, with a roof somewhat resembling that 
of an antient cathedral. By the petrifying 
w*ater continually dropping in many parts of 
the cave, are formed a variety of curious 
figures, and representations of the works both 
of nature and art. There is a column here 
as clear as alabaster, which is called “the 
queen of Scots’ pillar,” because queen Mary 
is said to have proceeded thus far when she 
visited the cavern. It seems, the curiosity of 
that princess had led her thus far into the 
dark abode, and indeed there are few tra- 
vellers who care to venture farther; but 
others, determined to see the end of all, have 
gone beyond it. After sliding down the 
rock a little way, is found the dreary cavity 
turned upwards : following its course, and 
climbing from crag to crag, the traveller ar- 
rives at a great height, till the rock, closing 
over his head on all sides, puts an end to any 
further subterraneous journey. Just at turn- 
ing to descend, the attention is caught by a 
chasm, in which is seen a candle glimmering 
at a vast depth underneath. The guides 
say, that the light is at a place near Alary 
queen of Scots’ pillar, and no less than 80 
yards below. It appears frightfully deep in- 
deed to look down ; but perhaps does not 
measure any thing like what it is said to do. 
If a pistol is fired by the queen of Scots’ pil- 
lar, it will make a report as loud as a cannon. 
Near the extremity there is a hollow in the 
roof, called “ the needle’s eye;” in which if 
a candle is placed, it will represent a star in 
the firmament to those who are’below. At a 
little distance from this cave are two small 
clear streams, consisting of hot and cold wa- 
ter, sc near each other, that the finger and 
thumb of the same hand may be put, the one 
into the hot water, and the other into the 
cold. 
Elden-hole is a dreadful chasm in the side 
of a mountain ; which, before the latter part 
of the last century, was thought to be alto- 
gether unfathomable. In the time of queen 
Elizabeth a poor man was let down into it for 
200 yards; but he was drawnTipin a frenzy, 
and soon after died. In 1682 it was exa- 
mined by captain Collins, and in 16<)9 by 
captain Stunuy, who published their* ac- 
counts in the Philosophical Transactions. 
The latter descended by ropes fixed at the 
top of an old lead-ore pit, tour fathoms al- 
most perpendicular, and thence three fa- 
thoms more obliquely, between tw r o great 
rocks. At the bottom of this he found an en- 
trance into a yery spacious cavern, whence he 
descended along with a miner for 25 fathoms 
perpendicular. At last they came to ^ great 
river or water, which he found to be twenty 
fathoms broad and eight fathoms deep. The 
