Particular provisions appli cable to the acts of justices. under any conviction or order made or warrant issued by such justice thereon, inay maintain an action in the same form and in the same case as he might have done before the passing of this act, without making any allegation in his declaration that the act complained of was done maliciously, and without reasonable and probable cause (s. 2); but see proviso in Nos. 11 and 12, post. 10. If the act complained of is shown to have been done maliciously, and without reasonable and probable cause, and a verdict is given against the justice, or if judgment by default, full costs of suit follow; and where there is a verdict for the justice, he is to have his costs as between attorney and client (s. 14). (Vide No. 16, post, where the plaintiff is not entitled to any costs.) The particular provisions of the statute (11 & 12 Vict. c. 44), which, in addition to the general provisions above noticed, are applicable more immediately to the acts of justices in matters within their cognizance, are as follows: 11. No such action [for an act done without or exceeding jurisdiction, as in No. 9, supra] shall be brought for an act done under a conviction or order until after such conviction shall have been quashed, either upon appeal or by the Court of Queen's Bench; 12. Nor for any thing done under a warrant issued to procure the appearance of the party, and which shall have been followed by a conviction or order, until after such conviction or order shall be so quashed; 13. Nor for an act done under a warrant to compel appearance (if not followed by a conviction or order, or if it be a warrant for an indictable offence), if a summons were previously issued and not obeyed (s. 2). 14. If one justice make a conviction or order, and another grant a warrant upon it, bona fide and without collusion, the action must be brought against the former, not the latter, for a defect in such conviction or order (s. 3). recent case of Leary v. Patrick and another (2 Magis. 95; 14J. P.334; 15 L.T. 203), a plaintiff had been convicted, before this act came into operation, under 6 & 7 Vict. c. 68, s. 2, of keeping an unlicensed theatre,-the conviction was silent as to costs; but the distress warrant issued thereon recited a conviction, not only for the penalty, but for 12s. costs, and directed both to be levied. Immediately after the conviction the plaintiff was ordered into custody, and detained twentyfour hours: Held, that in issuing the warrant of distress for costs the magistrates exceeded their jurisdiction, and that therefore the plaintiff was entitled to maintain trespass for the seizing of the goods. Held, also, that he was entitled to maintain trespass for the imprisonment, as the 5 Geo. 4, c. 18, s. 1, (now repealed,) could not justify a detention until the return of a bad warrant; and that the justices acted altogether without jurisdiction in verbally ordering the plaintiff' into custody for an indefinite time. 15. After a conviction or order confirmed upon appeal, no action is to be brought against a justice who granted a warrant of distress or commitment upon it, for any thing which may have been done under the same, by reason of any defect in such conviction or order (s. 6). 16. If the plaintiff in an action is entitled to recover, and shall prove the levying or payment of any penalty or sum of money under any conviction or order as part of his damages, or if he prove that he was imprisoned, and seeks to recover damages for such imprisonment, he shall not be entitled to recover the amount of such penalty or sum so levied or paid, or any sum beyond two pence as damages for such imprisonment, or any costs of suit whatsoever, if it shall be proved that he was actually guilty of the offence of which he was so convicted, or that he was liable by law to pay the sum he was so ordered to pay, and (with respect to such imprisonment) that he had undergone no greater punishment than that assigned by law for the offence of which he was so convicted, or for nonpayment of the sum he was ordered to pay (s. 13). 17. No action to be brought for issuing a distress warrant against a person rated for a poor rate, by reason of any irregularity or 4. OF THE CONSTITUTION AND MANAGEMENT OF BENCHES OF MAGISTRATES. A Bench of Magistrates, which is also called a Court of (4.) Of the ConPetty Sessions, is formed by the periodical, generally weekly, stitution and Management of as well as occasional meeting of the justices of the peace of Benches of Maboroughs, or of counties, ridings, or divisions within certain gistrates. recognized divisions or districts, regulated and divided by the What. statutes 9 Geo. 4, c. 43, and 6 Will. 4, c. 12, and by which power is given to change and alter their limits, and the parishes comprising them. (Vide 9 Geo. 4, c. 43, and 6 Will. 4, c. 12, s. 2(m).) By a statute passed in the Session of 1849 (12 & 13 Vict. c. 18), it is enacted (s. 1), "that every sitting and acting of "justices of the peace, or of a stipendiary magistrate, in and (m) Vide a form of statement of two or more justices for alteration, &c. of petty sessions division, in Oke's" Magisterial Formulist," p. 505. Borough sitting a petty sessions and petty sessional division. Where held. "for any city, borough, or town corporate having a separate "commission of the peace, or any part thereof, within England "and Wales, at any police court or other place appointed in "that behalf, shall be deemed a petty sessions of the peace; " and the district for which the same shall be holden shall be "deemed a petty sessional division, within the meaning of any "acts of parliament, already made or hereafter to be made, "having relation to such petty sessions, or to any business to "be transacted thereat." The petty sessions for counties is generally held at the most important or central town of the division, either at one of the principal inns, or at the Town Hall, or other public building, if there should happen to be one; but a petty sessions may be held by any two justices on their mere private agreement, for the purpose of acting either ministerially or judicially in any cases within their authority (J. Stone's Petty Sessions, p. 21); and anywhere in the division, except in certain cases, where the particular statute giving cognizance of the offence or matter requires it to be "at the usual place" for the division (10 & 11 Vict. c. 82, ss. 1, 2, Juvenile Offenders' Act), or at "special sessions for the highways to be held within the division in which the highway may be situated," &c. (5 & 6 Will. 4, c. 50, ss. 94, 95), the statute in this, like many other cases (n), fixing the time and place of holding the several special sessions, or authorizing the justices so to fix them, and therefore the business to be transacted must take place at the place determined upon; and it is likewise the practice to hold petty sessions at one place only, and on the regularly appointed days of meeting, for the purpose of hearing those summary cases which the statutes require to be heard and determined by two or more justices "in petty sessions for the division," as under the Alehouse Act, 9 Geo. 4, c. 61, the Beerhouse Act, 1 Will. 4, c. 64, it being a great advantage to the public to know when such business is to be transacted, as well as to the justices, who may consequently make their summonses and warrants returnable on some definite day, whether they themselves can attend or not on such day to join with the others in hearing the cases. (2) Licensing alehouses (9 Geo. 4, c. 61); licensing billiards (8 & 9 Vict. c. 109); licensing theatres (6 & 7 Vict. c. 68); appointing constables (5 & 6 Vict. c. 109); hearing parochial rate appeals (6 & 7 Will. 4, c. 96); allowing jury lists (6 Geo. 4, c. 50); granting licences to deal in game (1 & 2 Will. 4, c. 32, and 2 & 3 Vict. c. 35, s. 4); and appointing overseers (54 Geo. 3, c. 91). By the 2nd section of 12 & 13 Vict. c. 18, "in all cases Borough or "where at present there are not, or where hereafter there shall county may provide places "not be, any fit or proper place for the holding of such petty for holding petty "sessions within any such petty sessional division as aforesaid, sessions. "in any county, riding, liberty or division within England and "Wales, or within any city, borough or town corporate within "the same, it shall be lawful for the justices of the peace for any such county, riding, liberty or division in general or quarter sessions assembled, and for the council or other "governing body in any such city, borough or town corporate, "having a separate commission of the peace, respectively, if "they shall respectively think fit, from time to time direct that "fit and proper places be hired or otherwise provided for the "holding of such petty sessions of the peace within any such "petty sessional division as aforesaid, and that the expense "thereof and attendant thereon be paid out of the county rate (o) "or borough fund respectively, as the case may be; provided "always, that no such direction for hiring or otherwise pro"viding any place for the holding of such petty sessions shall "be given by the justices of any such county, riding, liberty or "division, so assembled as aforesaid, unless an application in "writing (p) for that purpose, signed by the justices of the peace acting in such petty sessional division, or the major part "of such justices, shall have been transmitted to the clerk of "the peace six weeks at the least before the holding of the "general or quarter sessions at which such direction shall be "given; and the clerk of the peace shall cause notice of such "application to be published in some newspaper circulating in "the same county, riding, liberty or division, and in which the "advertisements of county business are usually inserted, four"teen days at the least before the holding of such general or "quarter sessions." A proviso permits the use of the County Court for this purpose, at such rent and on such conditions as may be agreed on. By the 3rd sect., when divisions run into two or more adjoining counties, the justices of all may appoint a place in either and jointly contribute to the expenses in the manner provided by the 11 & 12 Vict. c. 101, as to the expenses of lock-up houses on the borders of counties. (0) In many cases the hire of the room is paid for by the magistrates themselves, but more generally by their clerks out of the fees received, and in amount varying from £5 to £20 per annum. (P) Vide form of application "Oke's Magisterial Formulist," p. 506. In boroughs not held at an inn. When expedient for more than one magistrate to act. Open court, when. In the Municipal Corporation Act, 5 & 6 Will. 4, c. 76, a special provision is made for the appropriation of a convenient room where the petty session business of the borough may be transacted; and it is forbidden for such room to be at any public inn or tavern, a prohibition which should have been enforced in all cases, for (to quote Mr. J. Stone in his petty sessions, p. 21)" it necessarily happens that parties are kept waiting for hours together until their case can be called on, and as the suitors of those courts are for the most part among the lower orders, they are naturally tempted to amuse themselves at the inviting tap, and not unfrequently appear before the bench in at state of intoxication, thus inadvertently brought upon them." Many cases of summary convictions and orders may be heard and determined by one justice only, (and in indictable offences out of sessions one only is necessary,) either sitting publicly at the place where the petty sessions are usually held or at the office of the clerk or even at his own private residence. With respect to the cases in which, although he may act alone, it is more expedient that he should proceed in petty session with another or others, it is obviously impossible to suggest any general rules. He will probably think it best to adopt the latter course wherever the question to be raised is likely to affect considerable pecuniary interests, or arises on any new and complicated statute, or embraces any doubtful matter of law, more especially if the decision is final. Cases also frequently arise, to which, although not intricate in themselves, local circumstances of existing or apprehended prejudice attach a fictitious. or imaginary importance, which renders them more fit to be discussed in the presence of several magistrates, in order that their administration of justice may not only be impartial, but beyond suspicion (Dick. Quar. Sess. by Talfourd, 5th ed. p. 11). And it is also material to notice that, in some cases under recent statutes, the judgment of one justice may be the subject of appeal to the quarter sessions, where the concurrence of two justices is binding and conclusive (vide 7 & 8 Geo. 4, c. 29, s. 72; 7 & 8 Geo. 4, c. 30, s. 38). In summary proceedings, the room or place in which the cases are heard and determined by a justice or justices, that is where they act judicially, even at their own residences, is an open and public court, to which the public generally may have access, so far as the same can conveniently contain them (11 & 12 Vict. c. 43, s. 12); but where the proceedings are merely initiatory, the |