Chap. 169.
14 H. 8. 16. |
Warrants.
Seal to the Office, then the Officer ought to give credence to the Seal,
for that is his Authority, per Brudenel, 14 H. 8. 16. |
441 |
| Lamb. 90. |
Again, the Warrant of the Justice of peace is the
better, if it bear
date of the place where it was made, and it must express the year and
day when it was made. See 21 H. 7. 22. |
|
| Plow. 37. |
A Justice of peace who is dwelling out of the County
granteth his
warrant to be served within the County; the Officer cannot carry the
party out of the County to the Justice of peace who made the Warrant,
but must carry him before some other Justice within the County. |
§. 4.
Out of the
County. |
|
Quære whether such a Warrant be good
or no. |
|
|
First, for that a Justice of peace hath no Authority
but in the County
where he is a Justice, and in Commission. See antea. |
|
|
And again, for the date of the place seemeth to
be material by the
Books 14 H. 8. aforesaid, & 21 H. 7. 22. Ba.
Fx. Imp. 12. |
|
Br. Peace 9
Co. 5. 59. |
The Justice of peace may make his Warrant to bring
the party before
himself, and then the Offender needs not to carry the party before any
other Justice. And yet upon a Warrant for the Peace granted ex
officio,
the usual manner is otherwise. See antea tit. Sureties for
the Peace. |
§. 5.
Return. |
|
Also the Justice of peace may in some cases make
his Warrant to
attach the Offender to be at the next Sessions of the Peace, there to
answer his said Offence, &c. See antea tit. Counterfeitures;
& postea
Warrants. |
|
|
If a Justice of peace shall make his Warrant to
the Sheriff to attach
one, and to bring him to the next Sessions, there to find Sureties for
the
Peace, &c. it is good, Cromp. 135, 136. |
|
|
So if the Justice shall make his Warrant to warn
a Man to appear at
the next Sessions, there to give in Evidence for the King; and where
the Justice shall command one by his Warrant to be or appear at the
next Sessions, &c. if the party do not appear, then from that Sessions
there shall go out a Precept to attach him for such his contempt,
Cromp. 123. |
|
|
A Justice of peace (ex officio by the first
Assign in the Commission) may
grant his Warrant to arrest or attach one that hath broken the Peace, or
committed other misdemeanour against the Peace, to find Sureties for the
Peace or good Behaviour, as the Cause shall require. |
§. 6.
For what
cause. |
|
Also the Justices of peace in divers cases do use
to grant their Warrant
against a Man for his neglect or other default, as for not refusing to
pay
Town-rates, and the like: And such Warrant may be either to attach
the Offender to be at the next Sessions, there to answer, &c. or else
to
bring the Offender before the said Justice, or any other Justice, who,
finding cause, may bind such an Offender to appear at the next Sessions
to answer the said Default. |
|
|
Also wheresoever any Statute doth give authority
to the Justices of
peace to cause another person to do a thing, there it seemeth they have
power given to them (of congruity) to grant their Warrant to bring such
persons before them, that so they may take order therein. See antea
tit.
Recognizance. |
|
14 H. 8. 16.
Br. Peace 6.
See Br.
Com. 3. |
But I find it much controverted, whether a Justice
of peace may
grant a Warrant to attach persons suspected of Felony, or against Offenders
upon a penal Statute, unless such persons or offenders be first
thereof indicted; for that the Justice of peace, as he is a Judge or Record,
so it is said he must have a Record, whereupon he doth award
his Process or Precept. |
§. 7.
Where not
before indicted. |
