67 VII. COURTS OF JUSTICES OF THE PEACE. (a) 1 EDW. III. stat. 2, c. 16.] Who shall be assigned justices and 1 EDW. III. keepers of the peace, (b) ENGL. [A.D. 1327.] stat. 2, c. 16. Engl. stat. 1327. tors of the' peace to be For the better keeping and maintenance of the peace, the Conservaking will that in every county good men and lawful, which be no maintainers of evil or barrators in the county, shall be appointed. assigned to keep the peace. (a) Justices of the peace in Jamaica are appointed to each parish by commission from the governor or person administering the government of the island for the time being by commission under the broad seal of the island. They are not limited to any fixed number. They hold their office pro vita aut culpa. They cannot act though appointed until they have taken out a writ of dedimus from the secretary of the governor, empowering certain persons therein named, or one of them, to administer the usual oaths to them. Justices of the peace are in numerous instances commissioned to act as judges of the courts of Common Pleas. The two offices, however, are not necessarily blended, but are separate. The distinction of justices of the quorum is unknown in Jamaica. The power and duties of all the justices as justices of the peace are equal. They rank in precedence according to the dates of their commissions, the custos rotulorum as head of the magistracy taking precedence of rank within his parish. The powers and duties of justices depend on their commissions, and on the several acts which have created objects of their jurisdiction. They are commissioned to preserve the peace, to suppress riots and affrays, to commit felons and inferior culprits; and two or more of them may inquire into and determine felonies and other misdemeanors. Their duties are greatly increased by recent The Brit. stat. 18 Geo. II. c. 20, by A justice of the peace acts ministerially or judicially; ministerially in preserving the peace, hearing charges against offenders, issuing summonses or warrants thereon, examining the informant and his witnesses, binding over the parties to prosecute, and give evidence, bailing the supposed offender, or committing him for trial. Judicially, as when he convicts for an offence. His conviction drawn up in due form and unappealed against is conclusive, and cannot be disputed by action, though if he act illegally, maliciously, or corruptly, he is punishable by information or indictment. When a criminal information is applied (b) Enforced and amended by 4 Edw. III. c. 24. 18 Edw. III. 18 EDW. III. stat. 2, c. 2.] Justices of the peace shall be apENGL. [A.D. 1344.] stat. 2, c. 2. Engl. stat. pointed, and their authority. 1344. Two or three of the best of reputation in the counties shall be assigned keepers of the peace by the king's commission; and at what time need shall be, the same, with other wise and learned in the law, shall be assigned by the king's commission to hear and determine felonies and trespasses done against the peace in the same counties, and to inflict punishment reasonably according to law and reason, and the manner of the deed. 34 EDW. III. c. 1. Engl. stat. 1357. Who shall be justices 34 EDW. III. c. 1.] What sort of persons shall be justices of the peace, and what authority they shall have. ENGL. [A.D. 1357.] 34 Edw. III. c. 1.] In every county of England shall be assigned for the keeping of the peace, one lord, and with him three or four of the most worthy in the county, with some they shall learned in the law, and they shall have power to restrain the of the peace, and what authority have, offending rioters, and all other barrators, and to pursue, arrest, take, and chastise them according to their trespass or offence; and to cause them to be imprisoned and duly punished according to the law and customs of the realm, and according to that which to them shall seem best to do by their discretions and good advisement; and also to inform them and to inquire of all those that have been pillors and robbers in the parts beyond the sea, and be now come again, and go wandering, and will not labour as they were wont in times past, and to take and arrest all those that they may find by indictment, or by suspicion, and to put them in prison; and to take of all them that be not of good fame, where they shall be found sufficient surety and mainprise of their good behaviour towards the king and his people, and the for against a magistrate, the question for Justices are empowered in various The local act, 13 Vic. c. 24, empowers two justices to take bail in cases of felony, where there is not a strong pre sumption of guilt against the party brought before them. It also requires them to take the most material part of the evidence on examination before them in writing, to be returned to the crown office, or to the clerk of the peace (as the case may be), both in charges of felony and misdemeanors. There are many acts made to protect justices in the discharge of their duties, such as to prohibit them from being sued for any oversight without prior notice, and to stop all suits begun on tender made of sufficient amends. But on the other hand, any malicious or tyrannical abuse of their office is severely punishable and persons recovering a verdict against a justice for any wilful or malicious injury are entitled to full costs. (Vide BAIL, PROTECTION, &c. Post. See also PENALTIES, COSTS, &c. Post.) c. 1. may hear mine felon other duly to punish, to the intent that the people be not by 34 EDW. III. such rioters or rebels troubled or endamaged, nor the peace Engl. stat. blemished, nor merchants, nor other passing by the highways of 1357. the realm, disturbed, nor put in the peril which may happen of Justices such offenders. And also to hear and determine at the king's and detersuit all manner of felonies and trespasses done in the same ies and county according to the laws and customs aforesaid; and that trespasses. writs of oyer and determiner be granted according to the statutes thereof made, and that the justices which shall be thereto assigned be named by the court, and not by the party. And the king will that all general inquiries before this time Commission granted within any seignories, for the mischiefs and oppressions inquiries which have been done to the people by such inquiries, shall shall cease. cease utterly and be repealed; and that fines, which are to be Fines for made before justices for a trespass done by any person be shall be reasonable and just, having regard to the quantity of the trespass and the causes for which they be made. of general trespasses reasonable. 5 HEN. IV. c. 10.] Justices of the peace shall imprison none 5 HEN. IV. but in the common gaol. ENGL. [A.D. 1403.] 5 Hen. IV. c. 10.] Because that divers constables of castles within the realm of England be assigned to be justices of peace by commission of our lord the king, and by colour of the said commissions they take people, to whom they bear evil will, and imprison them within the said castles, till they have made fine and ransom with the said constables for their deliverance; it is ordained and established, that none be imprisoned by any justice of the peace, but only in the common gaol; saving to lords and others (which have gaols) their franchise in this case. c. 10. Engl. stat. 1403. 4 HENRY VII. c. 12.] All justices of peace shall execute their 4 HEN. VII. commission, redress injuries, and maintain the laws. ENGL [A.D. 1487.] 4 Hen. VII. c. 12. sec. 1.] The king our sovereign lord considereth, that by the negligence, misdemeaning, favour, and other inordinate causes of justices of the peace in every shire of this his realm, the laws and ordinances made for the politic weal, peace, and good rule of the same, and for the perfect surety, and restful living of his subjects of the same, be not duly executed according to the tenor and effect that they were made and ordained for; wherefore his subjects been grievously hurt, and out of surety of their bodies and goods, to his great displeasure; for to him is nothing more joyous than to know his subjects to live peaceably under his laws, and to increase in wealth and prosperity, and to avoid such enormities and injuries, so that his said subjects may live restfully under c. 12. Engl. stat. 1487. c. 12. 1487. 4 HEN. VII. his peace and laws, to their increase: He will that it be ordained Engl. stat. and enacted by authority of this parliament, That every justice of peace within every shire of this realm, within the shire where he is justice of peace, do cause openly and solemnly to be proclaimed yearly, four times a year, in four principal sessions, the tenor of this proclamation to this bill annexed. tice shall Every jus cause this proclama tion to be made four year. 2. The king our sovereign lord considereth, how daily within times in the this realm his coin is traitorously counterfeited, murders, robberies, felonies, been grievously committed and done, and also unlawful reteinors, idleness, unlawful plays, extortions, misdemeanings of sheriffs, escheators, and many other enormities and unlawful demeanings daily grown more and more within this realm, to the great displeasure of God, hurt and impoverishing of his subjects, and to the subversion of the policy and good governance of this his realm; for by these said enormities and mischiefs his peace is broken, his subjects troubled, inquieted, and impoverished, the husbandry of this land decayed, whereby The benefit the church of England is upholden, the service of God con of hus bandry. tinued, every man thereby hath his sustenance, every inheritor his rent for his land. For repressing and avoiding of the said mischief, sufficient laws and ordinances have been made by authority of many and divers parliaments holden within this realm, to the great cost of the king, his lords and commons of the same, and lacketh nothing, but that the said laws be not put in due execution, which laws ought to be put in due execution by the justices of peace of every shire of this realm, to whom his grace hath put and given full authority so to do The slack sith the beginning of his reign. And now it is come to his tices in the knowledge, that his subjects be little eased of the said mischiefs, execution of by the said justices, but by many of them rather hurt than ness of jus laws. Justices to execute helped; and if his subjects complain to these justices of peace, of any wrongs done to them, they have thereby no remedy, and the said mischiefs do increase, and be not subdued. And his grace considereth, that a great part of the wealth and prosperity of this land standeth in that, that his subjects may live in surety under his peace in their bodies and goods, and that the husbandry of this land may increase and be upholden, which must be had by due execution of the said laws and ordinances, chargeth and commandeth all the justices of the peace of this neglecting his shire, to endeavour them to do and execute the tenor of their com- their commission, and the said laws and ordinances ordained any one ob- for the subduing of the premises, as they will stand in the love and favour of his grace, and in avoiding of the pains that he to pains and ordained if they do the contrary. And moreover he chargeth and commandeth, that every man, what degree or condition that he be of, that let them in word or deed to execute their said authority in any manner form above said, that they show it to his grace; aud if they do not, and it come to his knowledge by other than by them, they shall not be in his favour, but taken as men out of credence, and be put out of commission for ever. missions, or structing them, liable displeasure. c 12. 1487. complain to if they have no remedy, to the jus then to chancellor. And over this he chargeth and commandeth all manner of men, 4 HEN. VII. as well the poor as the rich (which be to him all one in due Engl. stat. ministration of justice) that is hurt or grieved in any thing that the said justice of peace may hear, determine, or execute in any Persons wise, that he so grieved, make his complaint to the justice of grieved may peace that next dwelleth unto him, or to any of his fellows, and the justices; desire a remedy; and if then he hath no remedy, if it be nigh such time as his justices of assizes come into that shire, that tices of then he so grieved show his complaint to the same justices; and assize, and if then he have no remedy, or if the complaint be made long king or his afore the coming of the justices of assize, then he so grieved come to the king's highness, or to his chancellor for the time being, and show his grief; and his said highness then shall send for the said justices, to know the cause why his said subjects be not eased, and his laws executed; whereupon if he find any of them in default of executing of his laws in the premises, of the jusaccording to his high commandment, he shall do him so offending to be put out of the commission, and further to be punished omitting his according to his demerits. And over that, his said highness shall not let for any favour, affection, cost, charge, nor other cause, but that he shall see his laws to have plain and true execution, and his subjects to live in surety of their lands, bodies, and goods, according to his said laws, and the said mischiefs to be avoided, that his subjects may increase in wealth and prosperity, to the pleasure of God. Punishment tice found guilty of duty. 1 MARY 1 MARY, stat. 2, c. 8.] Sheriffs shall not be justices of the peace stat. 2, c. 8. during that office. ENGL. [1553.] Engl. stat. 1553. shall be or when he 1 Mary, stat. 2, c. 8. sec. 2.] No name of person or persons No sheriff having, using, or exercising the office of the sheriff of any justice of county or counties, shall use or exercise the office of the justice peace where of the peace, by force of any commission or otherwise, in any is sheriff. county or counties where he or they shall be sheriff during the the time only that he or they shall use or exercise the said office of sheriffwick; and all and every act and acts to be done by any such sheriff and sheriffs by authority of any commission of the peace, during the time above said, shall be void and of none effect. c. 18. 5 GEO. II. c. 18.] For the further qualification of justices of 5 GEO. II. the peace. British stat. BRIT. [1732.] 1732. Amended by 5 Geo. II., c. 18, sec. 1.] Whereas the constituting persons of 18 Geo. II. mean estates to be justices of the peace may be highly prejudicial. 20. |