| Chap. 6. |
Justices of the Peace.
where Officers and Jurisdictions are several, that the one should intermeddle
within the Jurisdictions of the other. |
25 |
Co. 4. 4C.
Ubi quis
delinquit,
ibi punictur.
See hic
tit. Homicide.
33 H.
8. c. 6.
9 El. p. 12.
23 El. c.10. |
Neither shall any Justice of Peace deal in, or punish
any Trespass, or
other like Offence, committed in any other County against any penal Statute,
though such Offender shall be brought before him, (see the Commission
the first Assig. & postea, tit. Guns, Labourers, and Partridges;)
except
the Statutes shall especially enable them thereto, as the Statutes
1 Jac. & 7 Jac. which do enable the Justice of the County
where the Offence
shall be committed, or the Offender apprehended, (See tit. Partidges)
and
the like; or that it be for matters of the Peace, or in case of Felony
(See
tit. Affrays, and Felony.) |
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| 2 H. 54. |
By the Statute of 2 H. 5.4. St.
1. Justices of Peace might send their
Writs for fugitive Labourers to every Sheriff of England. |
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Neither shall any Justice of Peace for the time
that he shall make his
abode or be out of the County (where he is in Commission) intermeddle
to take any Recognizance, or any Examination, or otherwise to exercise
his Authority in any matter that shall happen within the County, where
he is in Commission; neither can he cause one to be brought before him
out of the County where he is in Commission, into the other County;
for,
being out of the County where he is in Commission, he is but as a private
man. Vide hc. tit. Affray, Imprisonment, Robbery and Warrants,
and
Plo. 37. & 13 E. 4.8. |
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In the case of Helier against the Hundred
of Benhurff, it was resolved
that where a Person robbed in one County, and made Oath before a Justice
of
the Peace of the same County being on London, that he might well take the
Oath where he was, although out of the County, for he acted therein
not virtute
officij, but as a person designed to a particular end and purpose, and
the
Plaintiff had his Judgment: but they held that if he acted or did
any thing
virtute officij out of his County it was void.
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And yet a Sheriff being out of his County may make
a Pannel, or may
make Return of any Writ. 9 H. 4.1. |
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Now my purpose is to set down more particularly
what things the Justices
of Peace, out of their Sessions of the Peace, may do in the Execution
of their Commission, or of the Statutes wherewith they are charged.
And
herein you must observe that some things are permitted to be executed by
any one, two, or more Justices; either in regard that such Justice
of Peace, or two, or more Justices; either in regard that such Justice
or Justices is or are next the place, or are of the Quorum,
or the like. |
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And here note, that whatsoever any one Justice of
Peace alone may do
(either for the keeping of the Peace, or in other Execution of the Commission
or Statutes) the same also may lawfully be done and performed by
any two or more Justices. |
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| Co. 4.46. |
But where the Law giveth Authority to two, there
one alone cannot execute
this: For Una persona non potest supplere vicem duarum; &
plus vident
oculi quam eculus. See Co. 5.94. & Plo. 393
a.b. Co. L. 181. |
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And yet where a Statute appointeth a thing to be
done by two Justices
of Peace (or more,) if the Offence be any misdemeanour or matter against
the Peace, there, upon complaint made (of the Offence) to any one of those
Justices of Peace, it seemeth that one of those Justices may grant out
his
Warrant to attach the Offender, and to bring him before the same Justice
or
any other Justice, to find Sureties for his appearance at the next general
Sessions, there to make answer to such his Offence; or else he may bind
the |
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