the ancient power touching the peace, which the confervators of the peace had at the common law, as also that whole authority which the ftatutes have fince added thereto. Dalt. c. 5.

faintly and feverally, and every one of you] Whatsoever any one juftice alone may do, the fame alfo may lawfully be done by any two or more justices; but where the law giveth authority to two, there one alone cannot execute it. Dalt. c. 6.

And yet where a ftatute appointeth a thing to be done by two juftices or more, if the offence be any misdemeanor or matter against the peace, there upon complaint made of the offence, to any of thofe juftices, it feemeth that one of them may grant out his warrant to attach the offender, and to bring him before the fame juftice and the other juftice fo appointed (at fome convenient place), and then they to hear and determine the fame. id.

But it seemeth, that when a thing is appointed by any ftatute to be done by or before one perfon certain, fuch thing cannot be done by or before any other and by fuch exprefs defignation of one, all others are excluded, and their proceedings therein are coram non judice. id.

Our juftices] In that the king calls them our juftices, their authority determines of courfe by his death or demife, fo that he being once dead, or having given over his crown, they are no more his juftices, and the juftices of the next prince they cannot be, unlefs it fhall pleafe him afterwards fo to make them. Dalt. c. 3.

I

But by the 1 Ann. ft. 1. c. 8. f. 2. No patent or grant of any office or employment fhall determine by the king's death or demife, but shall continue in force for fix months after, unless in the mean time made void by the fucceffor.

Also, before his death or demife, the king may determine the commiffion at his pleasure; and that either expreffed, as by writ under the great feal, or by implication, by making a new commiffion, and leaving out the former juftices' names. But until notice, or publishing of the new commiffion, the acts of the former juftices are good in law. Dalt. c. 3.

But to mayors and chief officers in corporations, which have the authority of juftices of the peace, or of confervators of the peace, by grant under the king's letters patent to them and their fucceffors, the authority remaineth, notwithstanding the king's death or demife. id.

Neither can the king discharge these again at his pleafure: but yet fuch grants and charters may for fome great

and

and general defect, or miscarriage, in the execution of the powers herein granted, be repealed, and the liberties feized. Dalt. c. 3.

Juftices to keep our peace] Although they are in no part of the commiffion called keepers of the peace, yet inafmuch as by the 18 Ed. 3. c. 2. they are exprefly called keepers of the peace, and the principal end of their office is for the keeping of the peace, and their ufual defcription in certioraries is by the name of keepers of the peace; it hath been adjudged, that in the caption of an indictment, keepers of the peace, and juftices of our lord the king, is good without exprefly naming them justices of the peace. 2 Haw. 38.

To keep our peace] Thefe words feem to give them the authority which the confervators of the peace had at common law and all that follows in the commiffion, seems an addition to the power of the ancient confervators.

Our peace] It hath been refolved, that the defcription of juftices of the peace, by the name of justices of our lord the king to keep the peace, is good, without faying, the peace of our lord the king; for that is neceffarily implied. 2 Haw. 38.

Alfo, by thefe wolds our peace, when the king dies, the furety of the peace is difcharged; for when he is dead, it is not his peace. Crom. 124.

In our county of W.] Here are two confiderations; One is, how far a juftice can act when he is cut of the county: And the other is, when he is in the county, how far his power extends to other counties.

As to the former cafe, when he is out of the county, it is faid, that the juftices have no coercive power when out of the county; and therefore, that an order of bastardy, or for payment of labourers wages, made by them out of the county is not binding. Yet it is faid, that recognizances and informations voluntarily taken before them in any place, are good. 2 Haw. 37.

And L. Hale fays, that a juftice of the peace may do a minifterial act out of his county, as examining a party robbed whether he knows the felons; but that he cannot do a compulfory act, as committing a perfon for not giving recognizance. 2 H. H. 50, 51.

But by 28 G. 3. c. 49. Any justice acting as fuch for any two or more counties, being adjoining counties, may act in all matters and things whatfoever, concerning or in any wife relating to any or either of the faid counties: And all acts of fuch juftice, and of any conftable or other officer in

obedience thereto, fhall be as valid, good, and effectual in law, as if they had been done in the county to which they more particularly relate. And all conftables and other officers of the faid county to which fuch acts relate, are required to obey the warrants, orders, directions, and acts of fuch juftice, fo granted and done, and to do and perform their feveral duties, under the pains and penalties to which any conftable or other officer may be liable for a negleft of duty. f. 1.

Provided always, That fuch a juftice be perfonally refident in one of the faid counties, at the time of doing fuch act; and that the warrants, orders, or directions, be directed and given in the first inftance, to the conftable or other officer of the county to which the fame more particularly relate. ib.

And it fhall be lawful for any conftable or other peaceofficer, or any other perfon apprehending or taking into cuftody any offender, and whom they lawfully may and ought to apprehend, by virtue of their office, or otherwife howfoever, to convey him to any juftice acting for the faid county, and refident in fuch adjoining county; and fo to act in all things as if the faid juftice were refident within the faid county to which they refpectively belong. And all perfons obftructing 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 the faid conftables or other peace officers were appointed to act. f. 2.

And it fhall be lawful for any fheriff, conftable, peaceofficer, or other perfon, lawfully taking into, or having in his cuftody, any offender, whom he might lawfully convey to gaol or place of fafe cuftody, to convey fuch perfon 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 fuch offence was committed. And all perfons efcaping from fuch cuftody, or aiding or affifting fuch escape, or refcuing fuch offender, fhall be fubject to the like pains and penalties as if the fame had been done in the county wherein fuch offence was committed. S. 3.

And as to the latter cafe, wherein it is fuppofed that his power is limited unto that county only, it is enacted by the 24 G. 2. c. 55. that if any perfon against whom a warrant fhall be iffued, fhall efcape, go into, refide, or be in any place out of the jurifdiction of the juftice granting the warrant, any juftice of the place where fuch perfon fhall be, upon proof on oath of the hand-writing of the

juftice

juftice granting fuch warrant, fhall indorfe his name thereon, which fhall be a fufficient authority to execute the warrant within fuch other jurisdiction.

And the juftice 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 himfelf or fome other justice or justices of that county, or to be carried back into the county from whence the warrant did iffue.

Juftices either of the county from which tenants frauduently remove goods, or of that in which they are concealed, may convict the offenders in their refpective counties. Unless facts are ftated to make the contrary appear, the court always prefumes in favour of the acts of inferior jurifdictions. K. v. Morgan, H. 22 G. 3. Cal. Caf. 156.

Alfo, by the 9 G. c. 7. A juftice dwelling in a city or precinct that is a county of itself, within the county at large, may act at his own dwelling house for such county at large.

And whereas doubts have arifen on the construction of the said act, for the removing whereof, it is enacted by 28 G. 3. c. 49. f. 7. That it fhall be lawful for any juftice acting for any county at large, to act as fuch at any place, within any city, town, or precinct, being a county of itself, and fituate within, furrounded by, or adjoining to any fuch county at large: But the fame fhall not extend to give power to the juftices for any county at large, not being juftices for fuch city, town, or precinct, or any conftable or other officer acting under them, to act or intermeddle in any matter or thing, arifing within any fuch city, town, or precinct, in any manner whatsoever.

And to keep and caufe to be kept all ordinances and ftatutes for the good of the peace] It feems certain, that by virtue. hereof, they may execute all ftatutes what oever, made for the better keeping of the peace, and confequently those of Winchester and Westminster, and all others concerning the peace, made before the reign of Ed. 3. in whofe time (as hath been faid) justices of the peace were first instituted; for all thofe ftatutes were exprefly mentioned in the ancient commiffions of the peace, and have always been undoubtedly taken to be included in thefe general words of the prefent commiffion, And yet none of the ftatutes which ordain the office of juftices of the peace, fay any thing concerning the execution of the faid former ftatutes; fo that the power of juftices of the peace in relation to those statutes feems entirely to depend on the king's commiffion,

and

and yet hath always been unquestionably allowed. From whence it appears, that regularly the king, by his commiffion, may authorize whom he pleafes to execute an act of parliament. 2 Haw. 37.

But if no power be exprefly given in any fuch ftatute to any one justice alone, he cannot proceed upon it, but he may prefer the caufe at the feffions, and work it to a prefentment upon the ftatute. Dalt. c. 5.

'But befides the ftatutes relating to the peace, there are alfo many other ftatutes which are not specified in the commiffion, and yet are committed to the charge and care of the juftices of the peace, by the exprefs words of fuch ftatutes; and all fuch ftatutes are to them a fufficient warrant and commiffion of themselves, altho' they be not recited in the commiffion, and are to be executed by them, according as the fame ftatutes themfelves do feverally prefcrite and fet down. Dalt. c. 5.

Statutes for the good of the peace] Although a præmunire is not within the letter of the commiffion, yet inafmuch as it is against the peace of the king and of the realm, any juftice may caufe a perfon to be apprehended for fuch of fence, and take his examination, and informations against him, and certify the fame to the king's bench or gaol delivery. 2 Haw. 39. And the fame may be faid of other like offences.

And for the quiet government of our people]. Of our people;-yet it feemeth, that the fubjects of a foreign prince coming into England, and living under the protection of our king, fhall be fubject to and have the benefit of the laws, in refpect of the local allegiance which they owe to him. 2 Haw. 35. 1 H. H. 93, 94.

As well within liberties as without] By thefe words fhall be intended fuch liberties and franchifes which have return of writs, and not fuch as are counties of themselves, as London, Norwich, York, and fuch like. Crom. 8.

But yet from hence it feems clearly to follow, that they may execute their office within a town (not being a county of itfelf) although it have a special commiffion of the peace for its own limits, unlefs fuch commiffion have a clause, that no other juftices except thofe named in it, fhall any way concern themselves in the keeping of the peace within the liberties of fuch town: And it may be queftioned, whether inch a fpecial claufe in fuch commiffion do abfolutely make void the act of any county juftice within fuch town; fince the commilion for the county feems as fully to give thofe named in it a jurifdiction over all fuch towns within the precincts of it, as fuch commiffion for a

town