JUSTICE. 
562 
■which have created objefls of his jurifdifHon. His com- 
miflion, firft, empowers him fingly to conferve the peace ; 
and thereby gives him all the power of the ancient con- 
fervators at the common law, in fuppreffing riots and af¬ 
frays, in taking fecurities for the peace, and in appre¬ 
hending and committing felons, and other inferior crimi¬ 
nals. It alfo empowers any two or more to determine all 
felonies, and other offences ; which is the ground of their 
jurifdiction at the feffions. And, as to the powers given 
to one, two, or more, juftices by the feveral fcatutes, 
which from time to time have heaped upon them fuch an 
infinite variety of bufinefs, that few care to undertake, 
and fewer underftand, the office ; they are fuch, and of fo 
great importance to the public, that the country is greatly 
obliged to any worthy magiftrate that, without finifter 
views of his own, will engage in this troublefome fervice. 
a Comm. c. 9. 4 Comm. c. zo. If therefore a well-meaning 
juftice makes any undefigned flip in his praftice, great 
lenity and indulgence are fliown to him in the courts of 
law ; and there are many ftatutes made to protect him in 
the upright difcharge of his office ; which, among other 
privileges, prohibit fuch juftices from being fued for any 
overfights without notice before-hand ; and flop all fuits 
begun, on tender made of fufficient amends. 7 Jac. I. c. 5. 
2.1 Jac. 1 . c- iz. 24 Geo. II. c. 44. But, on the other 
band, any malicious or tyrannical abufe of their office is 
nfually feverely punifhed 5 and all perfons who recover a 
verdift againft a jullice, for any wilful or malicious injury, 
are entitled to double cofts. 1 Comm. 350-4. 
Jultices of peace are to hold their feffions four times a- 
year, i. e. the firft week after Michaelmas, the Epiphany, 
Eafter, and St. Thomas called Becket, being the 7th of 
July. 36 Edxv. III. c. iz. iz Rd. II. c. 10. They are Juf¬ 
tices of Record, for none but juftices of record can take a 
recognizance of the peace. Every juftice of peace hath a 
i'eparate power, and may do all acts concerning his office 
apart and by himfelf; and even may commit a fellow- 
juftice upon treafon, felony, or breach of the peace 5 and 
this is the ancient power which confervators of the peace 
bad at common law. But it has been held, that one juf¬ 
tice of the peace cannot commit another for breach of the 
peace ; though the juftices in feffions may do it. Lamb, 
JvJl. 3S5. Jenk.Cent. 174. By feveral ftatutes, juftices may 
act in many cafes where their commiffion doth not reach; 
the ftatutes themfelves being a fufficient commiffion. 
Lamb. lib. 4. Wood's Injl. 79, So. If a juftice of peace 
does not obferve the form of proceeding direfled by lla- 
tute, it is coram non judice, and void ; but, if he a fits ac¬ 
cording to the direction of the ftatutes, neither the juf¬ 
tices in feffions nor K. B. can reverie what he lias done. 
Jones, 170. 
The power of juftices is minijierial when they are com¬ 
manded to do any thing by a luperior authority, as by the 
court of K. B. &c. In all other cafes they aft as judges-, 
but they mult proceed according to their commiffion. See. 
Where a ftatute requires any aft to be done by two jvjlices, 
it is an eftabliffied rule, that, if the aft is of a judicial na¬ 
ture, or is the refult of diferetion, the two juftices muft 
be prefent to concur and join in it, otherwile it will be 
void ; as in orders of removal and filiation, the appoint¬ 
ment of overfeers, and the allowance of the indenture of 
a parifti apprentice ; but, where the aft is merely minijie¬ 
rial, they may aft feparately, as in the allowance of a poor- 
rate. This is the only aft of two juftices which has yet 
been conftrued to be minijierial-, and the propriety of this 
conftruftion has been juftly queftioned. 4 Term. Rep. 386. 
A juftice is to exercile his authority only within the 
county where he is appointed by his commiffion ; not in 
any city which is a county of i.tfelf, or town corporate, 
having their proper juftices, See. though in other towns 
and liberties he may. Dalton, But, by flat. 24 Geo. II. 
c. 55, where a juftice lhall grant a warrant againft a per¬ 
fon efcaping or refiding out of his jurifdiftion, a juftice. 
of the county, See. where fuch perfon lhall refide, lhall in- 
‘tlorfe his name on the warrant, which lhall be a fufficient 
authority to the perfon to whom the warrant was origi¬ 
nally directed, to execute the warrant, and carry the per¬ 
fon before the juftice who indorfed the warrant, or any 
ether juftice of the fame county, who, if the offence be 
bailable, lhall take bail for the perfon’s appearing at the 
next feffions for the county, See. where the oifence was 
committed, and deliver the recognizance and all proceed¬ 
ings to the conftable. Sec. who apprehended the party, to 
be by him delivered to the clerk of the peace of the 
county, Sec. where the faft was committed ; and, if the 
faft be not bailable, or the party (hall not give bail, the 
conffable may carry the party before a jullice of the county 
where the faft was committed. Should there be any 
thing irregular or illegal in the warrant, no aftion lies 
againft the juftice who indorfes fuch warrant, but only 
againft the juftice who granted it. 
Juftices either of the county from which tenants frau¬ 
dulently remove goods, or of that in which they are con¬ 
cealed, may convift the offenders in their refpeftive 
counties'. A juftice dwelling in a city or precinft, that 
Is a county of itfelf within the county at large, may aft 
at his own d welling-houfe for fuch county at large. A 
man may be a juftice of peace in one part of York(hire a 
and yet not be a jullice of peace in every part of thes 
county; this county being divided into feparate ridings. 
Hill, zz Car. B. R. 
By flat. 5 Geo. II. c. 19, on appeals to juftices of peace 
in the feffions, they are to caule defefts in form in orders, 
&c. to be rectified without charge, and then determine the 
matters according to the merits of the cafe; and their- 
proceedings fliall not be removed into the K. B. without 
entering into recognizance of 50I. to profecute with ef- 
feft, and pay cofts if affirmed. No certiorari lhall ifl'ue to 
remove any order, made by juftices of peace of any county. 
See. or at the quarter-feffions, unlefs it be applied for 
within fix months, and proved on oath that fix days’ no¬ 
tice in writing was given to the juftices, by whom the or¬ 
der was made, that they or the parties concerned may 
Ihow caufe againft it. 
Juftices ot peace may take an information againft per¬ 
fons committing treafon; ifl'ue warrants for their appre ■ 
henfion, and commit them to prifor., Sec. They commit 
all felons in order to trial; and bind over the profecutors- 
to the affifes ; and, if they do not certify examinations 
and informations to the next gaol-delivery, or do not bind 
over profecutors, Sec. they fliall be fined. Dalt.c. 11. For 
petit larceny and ftnall felonies, the juftices in their quar¬ 
ter feffions may try offenders ; other felonies being of 
courfe tried at the affifes ; and in cafe of felonies, and 
pleas upon penal ftatutes, they cannot hold cognizance 
without an exprefs power given them by the ftatutes.. 
Juftices of peace in their feffions cannot try a caule the 
fame feffions, without confentof parties, &c. for the party 
ought to have convenient time, or it will be error. Cre. 
Car. 317. Sid. 334. Nor can the feffions of juftices refer a 
matter which ought to be tried, to be determined by an¬ 
other feffion ; yet they may refer a thing to another to 
examine, and make report to them for their determination. 
z Salk. 477. The feffions is all as one day, and the juf¬ 
tices may alter their judgments at any time while it con¬ 
tinues. Ibid. 494. 
It is incident to the office of a juftice of peace to com¬ 
mit offenders ; and a j.uftice may commit a perfon that 
doth a felony in his own view, without warrant ; but, if 
it be on the information of another, he muft make a war¬ 
rant under hand and feal for that purpofe. If complaint 
and oath be made before a juftice of goods ftolen, and tha 
informer, fufpefiting that they are in a particular houfe, 
(hows the caule of his fufpicion, the jullice may grant a 
warrant to the conftable. Sec. to fearch in the place fuf- 
pefited, to feize the goods and perfon in whofe cuftody 
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 he broke open by conftables to- 
take the goods.. Juftices of peace may make and perfuade 
