Editorial Department

Our readers no doubt were pleased with the portrait and sketch of Governor Simon Snyder, which appeared in the September issue.

It is refreshing to turn back the pages of history to learn something of the early life and environment of those who were instrumental in framing legislation relating to Justices of the Peace.

The legislation that followed which, as we have learned, was brought about by Governor Snyder and which made of the Justice or Magistrate something more than a mere "binding over" magistrate or peace officer, made it necessary that suitable forms and a guide to practice should be provided, when John Binns, a lawyer, journalist and at one time Alderman of the City of Philadelphia, published "Binns' Justice," which has been in use for upwards of seventy years last past.

In this issue, through the kindness of W. R. Bierly, Esq., we, therefore, take pleasure in exhibiting to our readers an excellent portrait of John Binns, Esq., together with a sketch of his life.

John Binns

Author of Binns' Justice, editor, publisher and patriot.

The subject of this sketch was born in Dublin, Ireland, Dec. 22, 1772. His patriotic affiliations in his native isle led

to his imprisonment and later expatriation, like Mitchell, Meagher, and many others. His career as publisher and editor began at Northumberland, Pa., where he established the Republican Argus and became a friend of Dr. Joseph Priestly, Simon Snyder, George Kremer, the ally of Genl. Jackson, and many other leaders of that day. He read law with Jonathan Walker, Esq., a prominent lawyer of Northumberland county, but never practiced as a lawyer. He afterwards removed to Philadelphia, where he established the Democratic Press and numbered among his friends Benjamin Franklin, Senator Samuel Maclay, Wm. Duane, Senator James Ross, Wm. H. Crawford, John Quincy Adams, Eli K. Price, the veteran Genl. Anthony Wayne and his son Isaac Wayne.

During the torridity of the campaign against Jackson he had the misfortune to permit his warm Irish sympathies to be enlisted against Jackson, because of that soldier's execution of some men who were court martialed. He deserted his old friends, enlisted with the Whigs and, he avers, lost his prestige and his earnings through their penurious treatment of him.

Governor Hiester appointed him an aldermen for Walnut Ward, Philadelphia, and he opened his court at No. 70 Chestnut street where he had published his newspaper for many years.

During his incumbency of Alderman he acted as peace officer, and if he saw an affray, he intervened and separated the combatants. He does not mention in his autobiography, published in 1854, when he was 84 years old, the Justice of the Peace work which bears his name and has immortalized him. This was due partly to his modesty and partly to his greater pride in his work as an editor, orator and politician, using this word in its more exalted sense.

His first edition of the work known now as Binns' Justice, appeared in 1840 under the title of Binns' Justice and

Magistrates' Daily Companion, and won the commendations of Chief Justice Gibson and all his associates. The second and revised edition was published in 1845 and became the hornbook of law among the commonalty. It has held a firm place in this commonwealth and is now in its sixth edition and will bear another revision with modern forms and methods of procedure.

He was appointed Alderman December 26, 1822 and served continuously until 1844, when a political upheaval turned him out for awhile. His office was on 6th street opposite the entrance to the Court House on Independence Square, after he left 70 Chestnut, his publication office.

In his autobiography published in 1854 when he was 84 years old he tells how he acted as peace officer.

"While I was an Alderman, I never saw a fight or disturbance of any kind, by daylight, without rushing in and separating those who were fighting, putting an end to the fight and restoring the public peace. I was emboldened thus to act in consequence of having ascertained that whenever there was a breach of the peace, which I interfered to quell, so soon as, in a loud voice, I commanded the peace and pushed into the fray, the great body of citizens would come to my assistance, crying: 'Support the alderman.' I never went into one of those affrays at night. At that time none of our officers were intrusted with blunderbusses, pistols or bowie-knives; a good stick was found sufficient. Neither firemen, nor hosemen, nor any other men, who associated for the good of the public, carried weapons, the use of which endangered life or limb. If one party will carry deadly weapons, other parties in self-defense feel called upon to do the same. The strict enforcement of a law against carrying dangerous or deadly weapons, would do much to preserve the public peace. In London, where they have the best police in the world, by day and by night, policemen only carry a stick."

Binns and his wife became members of the United Brethren Church in 1812, located on Race street, which was one of the first five Churches in Philadelphia. He was an aggressive advocate of freedom of conscience and opposed to the intolerance of the times, which led men to persecute each other because of religious bias. He based his creed on the cornerstone of Christianity. Like Franklin, Jefferson, Paine and their Co-adjutors; as enunciated by the Master himself.

"Therefore all things whatsoever ye would that men should do to you, do even so to them; for this is the law and the prophets."

Killen v. Peer, et al.

Suit was brought before a Justice of the Peace by Plaintiff against "D. M. Peer and wife," and on April 27, 1889, judgment rendered in favor of plaintiff and against defendant. Transcript was entered in the Court of Common Pleas, May Term, 1889. The record in the Common Pleas followed the Justice's record, and did not mention the name of "Emeline Peer" as a party defendant. A sci. fa. was issued May Term, 1894, and her name did not appear therein but the Sheriff's return shows service on "Mrs. Peer, wife of D. M. Peer." Judgment was taken on the sci. fa. against "D. M. Peer and Emeline Peer, his wife." Said judgment was revived in 1899, 1904 and 1909. To the last sci. fa. she first filed her affidavit denying that she was a party. Held, that where the judgment has been recovered before a Justice of the Peace against defendant and wife, without naming the wife, and the plaintiff thereafter files a transcript of the record of the Justice in the Common Pleas, and no attempt is made before the Justice of the Peace to amend the record, so as to make the wife a party by name, the Court of Common Pleas is without jurisdiction to amend the record so as to add the name of the wife as a party.

JUSTICE'S RECORD-SCI. FA. TO REVIVE-FAILURE TO NAME

DEFENDANT-JURISDICTION C. P.--APPEAL.

No. 569, May Term, 1909, C. P. of Westmoreland County.

Rule to Show cause.

Moorhead & Smith, Attorneys for Plaintiff.

Kline & Kline, Attorneys for Defendant.

Opinion by McConnell, J. August 27, 1910.

OPINION.

This case came before the court originally on a motion for judgment for want of a sufficient affidavit of defense. After the original affidavit of defense had been filed, a supplementary one was also filed By reason of what appeared