JUSTICES. 
authorized so to do by the express words of 
ttieir commissions ; and that tlicir jurisdic- 
tions to liear and determine 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 manslaughter, 
yet they seldom exercise a jurisdiction 
herein, or in any other offences in which 
clergy is taken away, for twb reasons : 1. 
By reason of the monition and clause in 
tlieir 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 t and 2 Philip and Mary, c. 13, 
which directs justices of the peace, in case 
of manslaughter and other felonies, to take 
the examination of the prisoner, and the in- 
formation 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 deli- 
very ; and therefore in cases of great mo- 
ment they bind over the prosecutors, and 
bail the party, if bailable, to the next gene- 
ral 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 be- 
cause they have not jurisdiction of the crime. 
As to inferior offences, the jurisdiction 
herein given to justices of the peace by par- 
ticular statutes, is so various, and extends 
to such a multiplicity of cases, that it would 
be endless to endeavour to enumerate 
them ; also they have as justices of the 
peace a very ample jurisdiction in all mat- 
ters concerning the peace. And therefore 
not only assaults and batteries, but libels, 
barratry, and common night-walking, and 
haunting bawdy-houses, and such like of- 
fences, which have a direct tendency to 
cause breaches of the peace, are cognizable 
by justices of the peace, as trespasses within 
the proper and natural meaning of the 
word. 
On renewing the commission of the 
peace (which generally happens when any 
person is newly biought into it) a writ of 
liedimus protestatem is issued out of chan- 
cery to take tlie oath of him wlio is newly 
inserted, which is usually in a schedule an- 
nexed, 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 supremacy. 
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. Tliey are 
justices of record, for none but justices of 
record can take a recognizance of tlie 
peace. Every justice of the peace has a 
separate power, and may do all acts con- 
cerning 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 commission does not 
reach ; the statures themselves being a suf- 
ficient 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 vagrants ; for re- 
pair of the highways, or to any other laws 
concerning parochial taxes, levies, or rates; 
notwithstanding they are rated or charge- 
able with the rates, within any place affect- 
ed 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 superior 
auihority, as tlie court of Banco Regis, &c. 
In all other cases they act as judges ; but 
tliey must proceed according to their com- 
mission, &c. Where a statute requires an 
act to be dune by two justices, it is an esta- 
blished rule, that if the act be of a judicial 
nature, or the result of discretion; the two 
justices must be present to concur and join 
in it, otherwise it will be void ; as in the or- 
ders of removal and filiation, the appoint- 
ment of overseers, and the allowance of the 
indenture of a parish apprentice; but where 
the act is merely ministerial, they may act 
separately, as in the aliovvauce of a poor- 
rate. This is the only act of two justices 
which has been construed to be ministerial ; 
and the propriety of this construction has 
been justly questioned. 
Where a justice shall exceed his authori- 
ty 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 
