to evidence. General rules as in issue is inadmissible, unless upon questions of skill and judgment;—that the onus probandi lies upon the party asserting the affirmative;-that the best evidence should be given of which the nature of the case is capable;-that secondary evidence is therefore inadmissable, unless some ground be previously laid for its introduction, by showing the impossibility of procuring better evidence;-that parol testimony is not receivable to vary or contradict the terms of a written instrument;—that a person shall not be allowed to speak to the contents of a written instrument, unless it be first proved that such document is lost or destroyed, or if in the possession of the adverse party, that notice has been given for its production; -that an instrument requiring a stamp must be properly stamped, in order to be receivable in evidence; that if it appear that an instrument, which has been lost or mislaid, was not properly stamped, no evidence can be given of its contents; that a witness may be allowed to refresh his memory by reference to an entry or memorandum made by himself shortly after the occurrence of which he is speaking, although the entry or memorandum could not itself be received in evidence; -that, where positive evidence of the facts cannot be supplied, circumstantial evidence is admissible;-and that circumstantial evidence should be such as to produce nearly the same degree of certainty as that which arises from direct testimony, and to exclude a rational probability of innocence (See Stone's Manual, 4th ed. pp. 323, 325). Convictions and orders to be returned to the clerk of the peace. All summary convictions and orders made must be, drawn up in proper form by the justice's clerk, under the hand and seal of the justice or justices, and lodged with the clerk of the peace, to be by him filed among the records of the general quarter sessions of the peace (11 & 12 Vict. c. 43, s. 14) held immediately subsequent to their being made; but the latter is regulated generally by the particular statute giving cognizance Depositions, &c. of the offence or matter. And in indictable offences the recognizances of the prosecutor and witnesses, together with the written information (if any), the depositions, the statement of the accused, and the recognizance of bail (if any), are to be delivered to the proper officer of the court in which the trial is to be had, before or at the opening of the said court on the first day of the sitting thereof, or at such other time as the judge, recorder or justice, who is to preside in such court at in indictable offences. the said trial, shall order and appoint (11 & 12 Vict. c. 42, s. 20) (s). magistrates. It is not necessary here to explain the peculiar constitution Metropolitan of, and mode of transacting business at, the Metropolitan Police and stipendiary Offices, or those of the city of London, which are, in fact, courts of petty sessions, and regulated by certain acts of parlia ment, for they are not altered or affected by Sir John Jervis's Acts (vide 11 & 12 Vict. c. 42, ss. 29, 30; 11 & 12 Vict. c 43, ss. 33, 34). The sitting magistrates of the Metropolitan Police Courts are always bred to the law, and may, in most cases, act alone; and the chief magistrate of Bow Street may be a justice for the county of Berks without qualification (Id. c. 42, s. 31). The Lord Mayor and any Alderman of the city of London, for the time being sitting at the Mansion House or Guildhall justice rooms, may also do any act required to be done by more than one justice (Id. c. 42, s. 30; id. c. 43, s. 34), and so may every stipendiary magistrate (Id. c. 42, s. 29; id. c. 43, s. 33). In many respects the Metropolitan Police Courts or offices are placed by the acts of parliament upon a different footing, and have more extensive powers over offences and matters, than the ordinary petty sessions, although the general routine of business is conducted upon the same principles, and the forms given in Sir John Jervis's Acts may be varied to render them applicable to those courts (Id. ib.) (t). (s) For the assizes, they are sent to the clerk of assize; for the sessions, to the clerk of the peace of the county or borough, at such time before the time of trial as the respective sessions direct by advertisement or otherwise. (t) The Police Courts or offices of the metropolis are those which are within the Metropolitan Police District (i. e. Bow Street, Westminster (late Queen Square), Great Marlborough Street, Clerkenwell, Worship Street, Lambeth, Marylebone, Southwark, Thames, Greenwich and Woolwich, and Hammersmith and Wandsworth), and those within the city of London (i. e. Guildhall and Mansion House); but Police Courts have not been established throughout the whole of the Metropolitan Police District. The jurisdiction of the police courts within the Metropolitan Police District is regulated by the statutes 10 Geo. 4, c. 44, 2 & 3 Vict. cc. 47, 71, and 3 & 4 Vict. c. 84, and certain orders in council, for which see Charnock's Police Guide; and the police offices of the city of London are regulated by the stat. 2 & 3 Vict. c. xciv. (local), wherein the Lord Mayor, Aldermen or Recorder of the city have jurisdiction, but their jurisdiction or powers are not so extensive over matters as those of the magistrates of the metropolitan police courts. The powers which the magistrates Additional acting within the limits of the Metropolitan Police District possess, in addition powers of meto those given to justices of counties, &c. in general, over offences in streets, tropolitan police thoroughfares or public places, some of which might be advantageously placed magistrates over within the cognizance of all justices of the peace, are the following, under the offences. act 2 & 3 Vict. c. 47, viz.-under ss. 54-61 using abuse to provoke breach of the peace; exposing animals for show or sale, turning loose, letting at large a ferocious dog, worrying cattle, dog fighting, pelting, or ill driving cattle; D (5) Of the Office of Clerk to the Justices, and his Fees. Their appointment and tenure of office in counties. 5. OF THE OFFICE OF CLERK TO THE JUSTICES, AND HIS FEES. The appointment of clerk to the justices of petty sessions in counties is entirely within the discretion of the justices of the division themselves; it rests with themselves alone, and the clerk holds his office at their pleasure, having no freehold interest in it, and being entitled to no compensation upon removal (u). It is usual to appoint attorneys to the office, and defacing building, &c. with bills, &c. or injuring; riding on carriages without reins, or drivers being at an improper distance from; driving furiously; keeping standing, or otherwise obstructing the streets, &c.; driving without owner's consent; not conforming to regulations as to route during hours of divine service; wantonly ringing door bells, or knocking, or extinguishing lamps; wantonly discharging any fire arm, or throwing stone or missile, or making bonfire, or setting fire to firework; leaving area, cellar, pit, &c. unfenced; drunkenness with riotous and indecent behaviour; beating, &c. carpets; using dog carts; permitting mad dogs to be at large; occupiers not cleansing footways; persons riding on, driving on, or rolling hoops, tubs, &c. &c. on; blowing or using horns and noisy instruments; flying kites; street musicians not departing from neighbourhood when required by householder for reasonable cause; singing, selling, showing, writing, &c. obscene, indecent or profane book, paper, print, song or words; injuring shrubs or seats, or exposing goods for sale in parks; keeping up projections obstructing the thoroughfare; emptying privies between 6 A.M. and 12 P.M.; removing soil between 6 A.M. and 8 P.M.; prostitutes and night walkers annoying inhabitants; throwing rubbish or litter in streets, &c.; keeping swine so as to be a common nuisance; playing game or sliding upon ice or snow; riding upon carriage without driver's consent; laying materials in street; firing cannon near dwellinghouse; cleaning or making carts, &c.; burning corks, cleansing casks, cutting timber, or screening lime; throwing coals, &c. in thoroughfare. The above are also punishable within the city of London and the liberties thereof under the 2 & 3 Vict. c. xciv. ss. 35, 42. The metropolitan police magistrates have also some additional powers, viz.to fine pawnbrokers for receiving pledges from, or publicans supplying distilled exciseable liquors to be drunk on the premises by, persons apparently under sixteen (2 & 3 Vict. c. 47, ss. 43, 50); and keepers of cook shops making internal communication with public houses (Id. s. 45); persons having stolen goods in possession and not accounting for same (2 & 3 Vict. c. 71, s. 24); power to inflict penalties on common informers for compounding informations (ld. s. 33); power to lessen the share of informers to penalties (Id. 34); to mitigate penalties (s. 35); to order compensation for wilful damage by tenants (s. 38); power to deal summarily with cases of excessive distress (s. 39); to order delivery of goods unlawfully detained to the owner (s. 40); to order filthy and unwholesome houses to be cleansed (s. 41); to order delivery of goods stolen or fraudulently obtained, and in possession of brokers and other dealers in second-hand property, to the owner (ss. 27, 29); to fine persons for obtaining money by threatening to lay informations (3 & 4 Vict. c. 84, s. 11); to authorize the execution of their warrants in any part of England without being indorsed (2 & 3 Vict. c. 71, s. 17). Vide Charnock's Police Guide. () Vide Er parte Sandys, 4 B. & Ad 863; 1 Nev. & M. 591; where an attorney moved for a criminal information against certain justices for having maliciously and without reasonable cause removed him from the office of clerk of the petty sessions for a certain division of the county of Kent, the court refused it, saying, that "a clerk to justices has no legal hold upon his office, he is only appointed to assist the justices; it is an office during pleasure, like that of a vestry clerk. then only one person, or two if partners, and this is now the more advisable, as since the decision in the case of Ex parte Sandys, supra, the office of "clerk of the petty sessions" of divisions has been expressly recognized by several statutes; for it would be very inconvenient to have two or more clerks resident at different places in the division with whom public documents are to be deposited, and to whom the Home Office would look for the numerous returns required of them from time to time for parliament, as well as inconvenient to the public. The office of "clerk of petty sessions," or clerk to the justices of Office recogdivisions, the tenure of which ought to be settled by legislative nized by many enactment, has been recognized in the following statutes, by many of which returns are required to be made by them to the clerk of the peace or secretary for the Home Department (v): Jurors Act (6 Geo. 4, c. 50, s. 10). Poor Law Amendment Act (4 & 5 Will. 4, c. 76, s. 18). Theatres Licences (6 & 7 Vict. c. 68, ss. 5, 6). Bastardy Act (7 & 8 Vict. c. 101, ss. 5, 11). Juvenile Offenders Act (10 & 11 Vict. c. 82, ss. 6, 15). Petty Sessions Act (12 Vict. c. 18, s. 1). " (v) By many of the statutes here enumerated no fees are payable to the justice's clerk for the duties required of him, nor is there a power to remunerate him for his trouble or expense; and Mr. Greaves, in his edition of the Juvenile Offenders' Act, 10 & 11 Vict. c. 82, in a note upon the 11th section, which requires clerks of the peace to transmit a monthly return of convictions to the Secretary of State, makes some pertinent remarks: We cannot help animadverting upon the injustice of calling upon clerks of the peace to make such returns as these, without any remuneration for so doing. It has become far too common in modern statutes to cast additional burthens upon public officers for some supposed speculative benefit, which may accrue from a return of some kind or other, without sufficiently considering the inconvenience to which such officers are thereby subjected, or the interference which may thereby be caused with the execution of the proper duties incumbent upon such officers. Whereever such returns are required, it should be first ascertained that the public officer has spare time, in which they may be made; and, secondly, a proper remuneration should be provided, as the remuneration already received by such officers is, in respect of duties, not including the making such returns." statutes. Customs Act (12 & 13 Vict. c. 90, s. 26). And the Annual Mutiny Acts. The justices of every borough within the Municipal Corporation Act, 5 & 6 Will. 4, c. 76, to which a separate commission of the peace shall be granted, shall appoint a fit person (not being an alderman or councillor of such borough, or clerk of the peace, or partner of such clerk of the peace, or clerk or person in his employ,) to be clerk to such justices, and to be removable at their pleasure; and the clerk so appointed shall not "by himself or partner be directly or indirectly interested or employed in the prosecution of any offender committed for trial by the justices of whom he shall be such clerk as aforesaid, or any of them, at any court of gaol delivery or general quarter sessions" (Id. s. 102). The appointment of clerks to the police courts within the metropolitan police district is vested with the secretary of state; "and no person shall hereafter be appointed chief clerk in any of the said courts unless he shall be an attorney of one of her majesty's superior courts of law at Westminster, or shall have served as clerk in one or more of the said police courts or offices, or as clerk to the justices of any division or special or petty sessions within the metropolitan police district, during at least seven years" (2 & 3 Vict. c. 71, s. 5). The appointment in the city of London rests with the mayor, aldermen, and commons, in common council assembled (2 & 3 Vict. c. xciv. s. 55). The duties of justices' clerks in general have been before stated under the head relative to the constitution and management of benches of magistrates. The remuneration of the clerk to the justices of petty sessions of counties, as well as of boroughs, takes place through the medium of certain fees to which he is entitled in respect of the various matters in which his services are required, or to which the justices of the division or borough attach their signature, and being paid by the parties applying, except where directed by statute to the contrary. The amount of these fees is regulated generally by the 26 Geo. 2, c. 14, under sect. 1 of which the justices of the peace throughout England had power, at their then next general quarter sessions, to make a table of the fees to be taken by clerks to justices of the peace within the county, city or division for which such session should be holden; and the same, being |