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Ale-houses, &c.
Offender to the Good Behaviour, and so to appear at the next Sessions,
if
the said Justice shall see any just cause so to do. But one Justice
of Peace
alone may not in any wise meddle to hear and determine the same. |
Chap. 7. |
Authority. |
Also when things by Statute are appropriated to
some one certain Justice
or more, there such Justice or Justices are to pursue such their Authority
accordingly: and yet if such Justice or Justices shall therein joyn
with
any other Justice of the same County, it may seem no less lawful and warrantable;
tamen quære. & vide c. 11.92. Where an Authority
is given to
four, or to one of them; if two of them shall execute this, it seems they
have not pursued their Authority. So if an Authority be given to
three
conjunctium & divisim, if two of them do it in the absence
of the third, it
is void, Dyer 62. for that the Authority is not pursued. But
Co. L. 181.b.
taketh a difference where the thing is pro bono publico, and
where pro
privato; as if a Sheriff upon a capias maketh his Warrant to
4 or 3 joyntly or
severally to arrest the Defendant, two of them may arrest him, for that
it is
for the Execution of Justicem which is pro bono publico, and therefore
shall be
more favourably expounded than when it is only for private. |
Co. 11.92 |
| §. 9. |
Besides, there seemeth a general Rule to be put
in Stradling's Case (in
M. Plo.) That when a thing is appointed by any Statute to
be done by or
before one person certain, that such thing cannot be done by or before
any
other, but that it ought to be done as the Statute hath appointed; and
by
such express designation of one (or power given to one) certain person,
all others are excluded. |
Plo. 206.
See Co. 11.
59, & 64. |
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And yet whereas by the Statute of 18 Eliz.
the order to be taken for a
Bastard Child is appropriated to two Justices of Peace (one being of the
Quorum) in or next unto the Parish where such Child shall be born;
if two
such Justices cannot agree upon the reputed Father (or in making such Order
as the Statute requireth, or in other Execution of that Statute) Quære
what
is to be done I have known the Case lately moved to the Judges of Assize,
who thought it fit, that such difference between the two Justices of Peace
should be referred to the hearing of the whole Bench, and the matter to
be re-examined by them; and what order should be therein set down by
the Bench, the same to stand good. Vide tit. Bastard. |
13 El. 3. |
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But in such things appropriate to some or one more
Justices of the Peace,
if, without such Justice or Justices, all (or any of) the residue of the
Justices
of that County shall intermeddle therein, such their doings seem no ways
warrantable, but such their proceeding to be Coram non Judice, and
that there
is no necessity to obey therein, as being no lawful Judges of the Cause.
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§. 1.
Inns and
Ale-houses
their use. |
CHAP. VII.
The Authority of Justices of Peace, as well in as out of Sessions
touching
Ale-houses.
THE true and principal use of Inns, Ale-houses and Victualling-houses,
is two-fold; sc. either for the Receit, Relief, and Lodging
of wayfaring people travelling from place to place about their necessary
business, or for the necessary supply of the wants of such poor persons
as
are not able by greater quantities to make their provision of Victuals:
and
is not meant for entertainment and harbouring of lewd or idle people, to
spend or consume their mony or time there, (as appeareth by the Preamble
of the Statute made 1 Jac. Reg. c.9.) |
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