ERRATA.

Page xiii, 1. 21 from top, for "two days," read "ten days." 67, l. 13, &c. from top, dele the form of commitment for assaulting or wounding a privy counsellor.

69, l. 4, &c. from top, dele the form of commitment for assaulting seamen or ship carpenters. See stat. 9 Geo. 4, c. 31, s. 26, p. 372.

69, l. 5, &c. from bottom, dele the form of commitment for an assault, with intent to spoil the clothes of another. 72, 1. 8, from bottom, for "two days," read "ten days.” 143, l. 18, &c. from top, dele the form of conviction, &c. for obstructing the conveyance of corn. See stat. 9 Geo. 4, c. 31, s. 26, p. 372.

COMMITMENTS AND CONVICTIONS.

OFFENCES punishable by the laws of England may be classed under two heads: those for which the offenders may be indicted; and those for which the offenders are punishable on summary conviction before a justice of peace.

An offence, to be the subject of a summary conviction before a justice of peace, must be expressly made so by the statute creating it, or by some subsequent statute.

On the other hand, all treasons,—all felonies, whether at common law or by statute,-all misdemeanors of a public nature at common law, and all misdemeanors of a public nature created by statute, where no other mode of proceeding is specified,— -are indictable offences.

With respect to indictable offences, the duties of a justice of peace are ministerial merely, namely, to cause the offender to be arrested and brought before him, and, after examining him and the witnesses against him, to commit or bail him, or to discharge him without bail.

But with respect to offenders punishable on a summary conviction, the justice of peace is not only a ministerial, but also a judicial officer: he acts ministerially, in causing the offender to be brought before him; he acts judicially, in hearing and examining the evidence against and for the offender, and convicting or acquitting him accordingly; and if he convict, he afterwards again acts ministerially, in causing his judgment to be executed, namely, by issuing his warrant of distress or commitment.

B

I propose, in the following work, to treat shortly of these duties of justices of peace, with relation to offences; and I shall consider them in the following order :

Book I.

Duties of a Justice of Peace, with relation to Indictable Offences. Ch. 1. Summons or Warrant.

2. Examination.

3. Bail.

4. Commitment.

Book II.

Duties of Justices of Peace, with relation to Offences punishable upon a Summary Conviction.

Ch. 1. Information.

2. Summons or Warrant.

3. Proceedings at the Hearing.

4. Conviction.

5. Warrant of Distress, or Commitment.

(3)

BOOK I.

DUTIES OF JUSTICES OF PEACE, WITH RELATION TO INDICTABLE OFFENCES.

CHAPTER I.

SUMMONS OR WARRANT.

In what cases.] WHEN complaint is made before a justice of peace, of any indictable offence having been committed within the county or other district to which his commission extends, it is his duty to have the offender brought before him; and if the offender be not already in custody, the justice may issue a warrant for his apprehension.

And a justice of peace may in all cases issue his warrant, in the first instance, whether the offence imputed to the party be treason, felony, or misdemeanor. Butt v. Conant, 1 Brod. & Bing. 548. It is not very usual, however, in cases of misdemeanor, to issue a warrant in the first instance, unless in aggravated cases, or where there is a likelihood of the party's absconding, if he be apprized of the complaint being made against him; in ordinary cases, it is usually deemed sufficient to issue a summons in the first instance, and if that be disobeyed, then to issue a warrant.

Before a justice of peace grants a warrant for the apprehension of an offender, it is prudent, in all cases, especially in cases of felony, to examine the person requiring the warrant, or his witnesses, upon oath. And if, upon such examination, it appear either that the party has actually committed the offence imputed to him, or that there are reasonable grounds to suspect him of having committed it, the justice should grant the warrant.

This examination or information may be taken in the following form:

of

Berkshire, to wit: The information and complaint of C. D., of in the county of, yeoman, taken this day in the year of our Lord 1828, before me, J. P., one of

his Majesty's justices of the peace for the said county of Berks: who being sworn, upon his oath saith, that" [&c. stating the deposition, as nearly as possible in the words of the party.

Form of the Summons.

Berkshire, to wit: To the Constable of

Whereas A. B., of

in the county aforesaid, labourer,

hath this day been charged before me, J. P., one of his Majesty's justices of the peace for the county aforesaid, on the oath of a credible witness, for that he the said A. B., [on the

day of

in the said

in the year of our Lord 1828, at county, did," &c. here state the offence:] "These are therefore to require you forthwith to summon the said A. B. to appear before me at in the said county, on Wednesday next the second day of July instant, at the hour of eleven in the forenoon of the same day, to answer the said charge, and to be further dealt with according to law; and be you then there, to certify what you shall have done in the premises. Herein fail you not. Given under my hand and seal, the first day of July, in the year of our Lord

J. P. The description of the offence may be in the same form as in a commitment. See the forms, post, p. 19, &c.

This summons should be served upon the party personally, if possible. But if, after due diligence used to effect a personal service, it be found impracticable, from the party's concealing himself, or causing himself to be denied, or the like, the summons may, in such cases, be left for him at his usual place of abode; and if he do not afterwards attend at the time and place specified in the summons, the justice, upon being satisfied of these facts, will grant his warrant.

Berkshire: To the Constable of and all other Peace-Officers in the said county of Berks:

"

in the county aforesaid,

Forasmuch as A. B., of labourer, hath this day been charged before me, J. P., one of his Majesty's justices of the peace for the county aforesaid, on the oath of a credible witness, for that he the said A. B., [on the day of , in the year of our Lord 1828, at in the said county, did," &c. here state the offence:] "These are therefore to command you, in his Majesty's name, forthwith to apprehend and bring before me, or some other of his Majesty's justices of the peace in and for the said county, the body of the said A. B., to answer unto the said charge, and to be further dealt with according to law. Herein fail you not. Given under