Who shall of the peace, and what authority they shall have. 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 Ed. 3. c. 1. First, that in every county of England shall be assigned be justices for the keeping of the peace, one lord, and with him three or four of the most worthy in the county, with some learned in the law, and they shall have power to restrain the offenders, rioters, and all other barators, 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 mainprize of their good behaviour towards the king and his people, and the other duly to punish, to the intent that the people be not by such rioters or rebels troubled nor endamaged, nor the peace blemished, nor merchants nor other passing by the highways of the realm disturbed, nor put in the peril which may happen of such offenders. And also to hear and determine at the king's suit all manner of felonies and trespasses done in the same county according to the laws and customs aforesaid; and that 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 granted within any seigniories, for the mischiefs and oppressions which have been done to the people by such inquiries, shall cease utterly and be repealed; and that fines, which are to be made before justices for a trespass done by any person, be reasonable and just, having regard to the quantity of the trespass, and the causes for which they be made. Justices of peace may hear and determine felonies and trespasses. Note. Upon the passing of this act, which gave them the power of trying felonies, the conservators of the peace acquired the name of justices. But, though they were then assigned to keep the peace, by virtue of the king's commission (see 1 Ed. 3, stat. 2, s. 10), yet the pre sent form of their commission was not settled till the year 1590: 1 Blac. Comm. 351. For the form, see Burn, tit. "Justice." Upon the duration of their office, and their indemnity in the execution of it, see 1 Blac. Comm. 353. The court of general quarter sessions of the peace, as far as respects its jurisdiction to hear and determine indictments, appears to owe its origin to the two statutes of 18 Ed. 3, stat. 2, c. 2, and 34 Ed. 3, c. 1, upon which, together with other statutes, their commission is founded. By these statutes, and by their commission, it appears that they have no jurisdiction in cases of treason. They had formerly, however, the power, under some ancient statutes, of hearing and determining particular kinds of treason, and it seems doubtful whether they may not now try prisoners for clipping coin, for it may be questioned whether the 3 Hen. 5, c. 7, is repealed; and Mr. Curwood, in his edition of Hawkins, recognizes that statute as still existing; see 2 Haw. P. C. 55. See, however, 2 H. P. C. 45. Strictly speaking, justices of the peace have power to hear and determine murders or manslaughters, 2 H. P. C. 45; but they never do : first, on account of the clause in their commission in cases of diffi 66 culty to expect the presence of the justices of assize; and, secondly, by reason of the direction given by 7 Geo. 4, c. 64, s. 2. The word trespasses," used in the 34 Ed. 3, c. 1, comprehends not only all inferior offences, which are properly and directly against the peace, as assaults and batteries, &c., but also all others which are so only by construction, as all breaches of the law are in general said to be: 2 Haw. P. C. c. 8, s. 63. It also comprehends all such offences as have a tendency to a breach of the peace; and therefore have been held to extend to conspiracies: 2 East, 22, 25; 3 Burr. 1320. But forgery and perjury at common law are not within the jurisdiction of justices of the peace, these offences not savouring of open violence: 2 Haw. P. C. c. 8, s. 64. These exceptions, however, are considered to rest more upon authority than principle: 1 Chit. Cr. L. 140. In new-created offences, justices of the peace have no jurisdiction, without express words. 13 Rich. 2, st. 1, c. 7. Item, whereas it is contained in the last statute made at Canterbury, that no steward of any lord shall be assigned in the commission of the justice of the peace; nevertheless for certain causes shewed in this parliament it is accorded and assented, that justices of peace shall be made of new in all the counties of England, of the most sufficient knights, esquires, and gentlemen of the law of the said counties, notwithstanding the said statute; and that the said justices be sworn duly without favour to keep and put in execution all the statutes and ordinances touching their offices. 2 Hen. 5, st. 2, c. 1. First, that the justices of the peace, from henceforth to be made within the counties of England, shall be made of the most sufficient persons dwelling in the same counties, by the advice of the chancellor and of the king's council, without taking other persons dwelling in foreign counties to execute such office, except the lords and the justices of assizes now named, and to be named by the king and his council; and except all the king's chief stewards of the lands and seigniories of the duchy of Lancaster, in the north parts, and in the south, for the time being. Note. The power of the Court of Chancery, as to justices of the peace, extends only to putting them into the commission; it cannot punish them for misbehaviour; and the only redress is to move the Justices of a liberty or corporation may commit offen ders to the house of correction of the coun ty, &c. Quorum. Court of K. B. for an information, and afterwards the complainants may apply to Chancery to turn them out of the commission: Ex parte Rook, 2 Atk. 2. 11 Hen. 6, c. 6. No suit pending before any justices, &c. shall be discontinued by a new commission. 37 Hen. 8, c. 1. A bill for custos rotulorum and the clerkship of the peace. 15 Geo. 2, c. 24. Whereas doubts and questions have arisen, touching the commitment of offenders, by justices of the peace of liberties and corporations, to the houses of correction of counties, ridings, or divisions, in which such liberties and corporations are situate, though the inhabitants of such liberties and corporations contribute to the maintenance and support of such houses of correction; be it therofore declared and enacted, &c., that in all cases where any person liable by law to be committed to the house of correction, shall be apprehended within any liberty, city, or town corporate, whose inhabitants are contributory to the support and maintenance of the house or houses of correction of the county, riding, or division, in which such liberty, city, or town corporate is situate; it shall and may be lawful for the justices of the peace of such liberty, city, or town corporate, to commit such person to the house of correction of the county, riding, or division, in which such liberty, city, or town corporate, is situate; which person, so committed, shall and may be received, detained, dealt with, and ordered, and be set and kept to hard labour, or conveyed and sent away, or discharged, and be subject and liable to the same correction and punishment, to all intents and purposes, as if committed by any justice or justices of the peace of the same county, riding, or division. 26 Geo. 2, c. 27. Whereas authority is given by divers acts of parliament to two or more justices of the peace, whereof one or more are to be of the quorum; and whereas divers acts, orders, adjudications, warrants, confirmations of indentures, and other instruments done, made, and executed, by two or more justices of the peace, without expressing that they are, or that one of them is, of the quorum, have been, and may be, for that reason only, impeached, set aside, and vacated; be it enacted, &c., that from and after the 24th day of June, in the year 1753, no act, order, adjudication, warrant, indenture of apprenticeship, or other instrument already made, done, or executed, or hereafter to be made, done, or executed, by two or more justices of the peace, which doth not express that one or more of the justices is or are of the quorum, shall be impeached, set aside, or vacated, for that defect only, any law, statute, or usage to the contrary notwithstanding. 28 Geo. 3, c. 49. ing counties. I. Whereas the administration of justice is frequently ob- Preamble. structed for want of resident justices of the peace, and might be much furthered in case the justices acting for two or more adjoining counties are enabled to act for the same, if personally present in either of those in which they act : for remedy whereof, in future, may it please your majesty, that it may be enacted, and be it enacted, &c., that from Justices and after the passing of this act, it shall and may be law- may act for ful for any justice or justices of the peace, acting as such two adjoinfor any two or more counties, being adjoining counties, to act as a justice or justices of the peace, in all matters and things whatsoever, concerning or in any wise relating to any or either of the said counties, and that all act and acts of such justice or justices of the peace, and the act and acts of any constable or other officer in obedience thereto, shall be as valid, good, and effectual in the law, to all intents and purposes whatsoever, as if such act or acts of the said justice or justices had been done in the county or counties to which such act or acts more particularly relate; and all constables and other officers of the said county or counties to which such act or acts relate, are hereby authorized and required to obey the warrants, orders, directions, act and acts of such justice or justices so granted, given, and done, and to do and perform their several offices and duties, under the pains and penalties to which any constable or other officer may be liable for a neglect of duty; provided always, that such justice or justices be if they repersonally resident in one of the said counties at the time side in of doing such act or acts; provided also, that the warrants, the time of orders, or directions, so to be given and granted, be di- acting. rected and given in the first instance to the constable or other officer of the county to which the same more particularly relate. either at How far justices for counties may act as county of itself. II. [Constables, &c., may carry offenders before justices acting for the county, and resident in the adjacent county, &c.] IV. And whereas, by an act passed in the ninth year of the reign of King George the First, [intituled, “An Act for amending the Laws relating to the Settlement, Employment, and Relief of the Poor,"] provision is made for enabling justices of the peace, dwelling in any city or other precinct, being a county of itself, situate within a county at large, to act as such justices for the county at large, at certain places within such city, town, or other precinct: and whereas such provisions have been found beneficial to the public, but doubts have arisen with respect to the construction of the said act in certain cases; for the removing such, within whereof, be it enacted, that, from and after the passing of any city, this act, it shall and may be lawful for any justice or jusbeing a tices of the peace, acting for any county at large, to act as such at any place within any city, town, or other precinct, being a county of itself, and situate within, surrounded by, or adjoining to, any such county at large, and that all and every such act and acts, matters, and things, done by such justice or justices of the peace for the said county at large, within such city, town, or other precinct, shall be as valid and effectual in the law, as if the same had been done within the said county at large, to all intents and purposes whatsoever provided always, that nothing in this act contained shall extend to give power to the justices of the peace for any county at large, not being justices for such city, town, or other precinct, or any constable, or other officer acting under them, to act or intermeddle in any matters or things arising within any such city, town, or precinct, in any manner whatsoever. Power to justices, acting in 60 Geo. 3, and 1 Geo. 4, c. 14. I. Whereas the trial of capital offences before justices of peace, within local and exclusive jurisdictions not being counties, may be attended with inconvenience, and it is desirable that some remedy should be provided for the same; be it therefore enacted, &c., that the justices of the peace, acting within and for any town, liberty, soke, or any place, place, not being a county, but having an exclusive jurisnot being a diction for the trial of felonies and misdemeanors.comcounty, to mitted within the same, shall, from and after the passing of this act, have full power within their respective limits, at the gaol of their discretion, to commit any person duly charged before the county. them, or any of them, with any capital offence committed within such limits, to the gaol of the county within which such town, liberty, soke, or place shall be situated, there to be tried at the next session of oyer and terminer or gaol delivery, to be held in and for such county, commit of fenders to |