DIVISION § 11. and to be ready, at a call, to take measures for apprehendINTO DIS- ing robbers, house-breakers, or other felons, when any crime TRICTS. has been committed. In the former cafe, when no fuch of СЕЗ АСТ BERTIES? ficer is on the watch, the public intereft is in danger of being altogether neglected, from the dubious title of any one individual, or the difinclination, naturally felt, to discharge a duty equally incumbent on all. In the latter cafe, it frequently happens, that, before a return can be obtained from the county town, the delinquent may have efcaped; and though the fiscal's concurrence is not necessary, in applying for a warrant, it is certainly defirable, if poffible, to have the thing from the first done regularly, under the eye of the proper officer *. § 12. XII. JUSTICES of peace have expressly, by their commifCAN JUSTI- fion, jurisdiction as well within as without liberties". LiberWITHIN LI- ties, fays Mr. Burns, here mean those "liberties and franchises "which have return of writs, and not such as are counties of "themselves, as London, Norwich, York," &c. "They may," he adds, "execute their office within any town (not being "a county within itself), though it have a special commif"fion of the peace for its own limits, unless there be also an "exclufive clause prohibiting others from acting within the "bounds." And he thinks it "queftionable whether fuch Is the acts within the liberty null? a fpecial exclufive clause makes void the acts of the county justices within the liberty; although the justices, who proceed in defiance of it, may perhaps be punishable, as for "a contempt of the king's prohibition." But he notices the cafe of Talbott and Hubble, tit. 14, c. 2, where Lee, ch. I, delivered the resolution of the court of king's bench, that the act of the county juftices, in such case, would be void, and not to be confidered only as a breach of the franchife. In this country, the magistrates of the different burghs are ACT BE generally inferted in the nomination of justices for their re- § 13. ipective counties; and throughout Scotland the county juf- CAN THEY ftices are in use to exercise their jurisdiction as freely within YOND as without the liberties". before parliament; I fhall not pre *fume to expofe my private thoughts upon fo tender a point of jurifdiction, fo anxiously disputed on both "fides." Forbes, part ii, p. 5. From the juftice of peace records, it appears that this point was very warmly difpated with the magiftrates; who went the length, not only of difewning the federunts of the justices, but even of preventing the execution of their fentences within the city. On one occafion, where the juftices had fentenced two thieves to be whipped through the town by the common executioner, the magiftrates would not permit their officer to Execute the fentence. Committees, from time to time, were appointed to commune with the ma. *giftrates." The latter perfifting in their refufal, the juftices at last remitted to his majesty's advocate to profecute the thieves before the court ef jufticiary; 10th May 1779. "thian, called the fhyre of Edin burgh." But this opinion appears not to have been regarded in practice. The county juftices have continued to exercife a concurrent jurifdiction within the liberties. Ths dispute died away, and does not seem to have ever exifted in the cafe of any other borough. Indeed the opinion feems not eafily reconcileable to the immemorial jurifdiction of the sheriff of the county within the city. A city being a county within itself, would exclude the jurifdiction of that judge ordinary as much as of the juftices of the peace. In England, in queftions of this kind, it would appear that much weight is given to immemorial usage. Thus, in the case of Blankley v. Winftantly, where it was adjudged that a charter granting jurisdiction to borough magiftrates over a district not within the borough, does not exclude the county juftices from having a concurrent jurisdiction without exprefs words in the charter. Lord Chief Juftice Kenyon expreffed himfelf as follows: "The propofition "ftated by the defendant's counsel, "from lord Hale, and which was a dopted in the cafe Talbot v. Hubble, Queen Anne directed her advocate, " namely, that the jurifdiction of counfr David Dalrymple, to inquire into 66 ty juftices can only be taken away the difpute, and report his opinion by exprefs words, I have always He gave an opinion in favour of "understood to be a cardinal ground the exclufive jurifdiction of the city," in decifions of this kind. And this as having “ always been reckoned as "is not more grounded in law than fhyre or county within itself, di- "inconvenience; for it does fome'finet from the shyre of Mid-Lo- "times happen in limited jurisdic THEIR JU- TION. § 13. ACT BE YOND THEIR JU- XIII. JUSTICES of the peace execute their authority in CAN THEY the county wherein they wherein they are juftices. They neither, therefore, can regularly do a judicial act out of such county; nor, when they are in their county, does their power extend to other counties. A justice of peace, accordingly, when out of the county wherein he is justice, cannot by his warrant bring a perfon out of the county of which he is justice, to come before him in the county where he happens to be b; nor is any exercife of contentious jurifdiction (as for payment of labourers wages, or warrant for committing a felon) binding, if it takes place out of his own county. But though juftices of the peace have no coercive power out of their county, they Do minifte- can do ministerial acts anywhere; fuch as, examine a party anywhere. robbed, take recognifances and informations of confent, and exercise all voluntary jurifdiction; juft as a bishop may grant administration, inftitution, or orders, out of his diocese. rial acts Compul fory jurifdiction. BUT a justice of peace cannot imprison a person for not giving a recognifance, or bail-bond, or commit a perfon for a crime; for these are acts of compulsory jurisdiction, which he cannot exercife out of his proper county d. "tions, that little factions and in trigues ftep in and impede the ad"ministration of juftice. In this par"ticular cafe, we should pause before "we broke in upon the ufage which "has prevailed for near two centu"ries, and which has at least grown "venerable from length of time, that "both the county and borough juf"tices have, without any objection, "concurrently administered justice in "this place," &c. His lordship adds, "It is clear that usage alone would "not prevail against the exprefs pro"vifions of the charter: but in this, "as in other cafes, co-temporary and "continued ufage is a good guide for "the conttruction of it." Buller, J." Then with regard to "the ufage-ufage, confiftent with $13. CAN JUS TICES ACT THEIR JU-, RISDIC by 28 Geo. BUT special statute has provided differently for fome particular cafes. Thus, by 28 Geo. III, c. 49, any justice, acting as fuch, for any two or more counties, being adjoining BEYOND counties, may act in all matters and things whatsoever, concerning, or in anywife relating to any or either of the faid TION? counties; and all acts of fuch juftice, and of any constable, Exception or other officer, in obedience thereto, shall be as valid, good, III, c. 49, refpecting and effectual, in law, as if they had been done in the coun- two adjointy to which they more particularly relate. And all con- ing counftables, and other officers, of the faid county to which such acts relate, are required to obey the warrants, orders, directions, and acts, of such justice fo granted and done, and to do and perform their several duties, under the pains and penalties to which any constable, or other officer may be liable, for a neglect of duty 2. ties. in one of them at the BUT it is neceffary that the justice be perfonally refident Must refide in one of the counties at the time of doing fuch act, and that the orders or directions be directly given, in the first in- time. ftance, to the conftable, or other officer, in the county to which the fame may particularly relate. the consta execution of Ir is farther provided, that it shall be lawful for any con- Powers of ftable, or other peace officer, or any other perfon, apprehend- ble and offi ing, or taking into cuftody, any offender, and whom they law- cers in the fully may, and ought to apprehend, by virtue of their office, or a warrant otherwise, howsoever, to convey him to any justice acting for fo granted. the faid county, and refident in fuch adjoining county, and so to act in all things as if the said justice were refident within the faid county to which they respectively belong. And all perfons obstructing fuch conftables, or other peace officers, in the execution of their refpective offices, in fuch adjoining county, fhall be liable to the fame pains and penalties as if the fame had been committed in the county for which $ 13. CAN HE ACT BE YOND HIS JURISDICTION? the faid constables, or other peace officers, were appointed to acta. THE fame ftatute makes it lawful for any fheriff, conftable, peace officer, or other perfon, lawfully taken into, or having in his cuftody any offender, whom he might lawfully convey to gaol, or place of safe custody, to convey such person into, and through any part of, the faid counties fo adjoining in the way to fuch gaol, or place of fafe cuftody, within the county wherein such offence was committed. And all perfons escaping from fuch cuftody, or aiding or affifting such escape, or rescuing fuch offender, shall be subject to the like pains and penalties as if the fame had been done in the Exception county wherein fuch offence was committed. And as to by 24 Geo. the latter cafe, wherein it is fuppofed that his power is to indorfation limited unto that county only, it is enacted, by the 24th of warrants. Geo. II, c. 55, that if any person, against whom a war II, c. 55, as Terms of the war rant. Tenants rant shall be iffued, fhall escape, go into, refide, or be in any place out of the jurisdiction of the justice granting the warrant, any juftice of the place, where such person shall be, upon proof, on oath, of the handwriting of the justice granting fuch warrant, shall indorse his name thereon, which shall be a fufficient authority to execute the warrant within fuch other jurifdiction. THE justice may further order (if he thinks fit) the party, according as he fhall appear bailable or not bailable upon the face of the warrant, to be brought before himself, or some other justice or justices of that county, or to be carried back into the county from whence the warrant did iffue. JUSTICES, either of the county from which tenants fraudfraudulent- ulently remove goods, or of that in which they are conceal ly remov. ing their goods. a § 2. b § 3. |