and two or more of them may inquire into and determine felonies and other misdemeanours. Their duties have greatly increased by late acts of parliament, especially in sessional business, in regulating gaols and houses of correction, in taking cognizance of various offences against the vagrant, game, and revenue laws, and in the licensing of public-houses.

By 18 G. 2, c. 20, every justice must have an estate of £100 per annum, clear of incumbrance, or the immediate reversion of reserved rents to the amount of £300; and if he act without such qualification, he forfeits £100. But this does not extend to corporation justices, peers, privy councillors, judges, under-secretaries of state; nor to the heads of colleges in the two universities, or mayors of Oxford and Cambridge.

By 34 & 35 V. c. 18, the law disqualifying attorneys, solicitors, and proctors in practice from being justices of the peace for counties has been repealed; but it is provided that no person shall be capable of becoming or being a justice of the peace for any county in England or Wales (not being a county of a city or county of a town) in which he shall practise and carry on the profession or business of an attorney, solicitor, or proctor.

A justice of the peace acts ministerially or judicially. Ministerially, in preserving the peace, hearing charges against offenders, issuing summonses or warrants thereon, examining the informant and his witnesses, binding over the parties to prosecute and give evidence, bailing the supposed offender, or committing him for trial. Judicially, as when he convicts for an offence. His conviction drawn up in due form, and unappealed against, is conclusive, and cannot be disputed by action.

The sitting of justices in court by virtue of their commissions is called sessions. By 9 G. 4, c. 43, amended by 10 G. 4, c. 46, justices are empowered to make such divisions of counties as are most convenient for the despatch of sessional and magisterial business. The justices residing in each division, although their commission extends to the whole county, yet, except at general or quarter sessions, ordinarily confine themselves to matters arising within the division. Within this limit they have generally one or more stated places, where they meet at certain stated times, monthly or oftener, as the public business may require, and there transact all such matters of a summary nature as, by law, require the presence of more than one justice, and yet need not be done at general, quarter, or special sessions. These meetings are properly petly sessions. Special sessions are meetings held by the justices of divisions for some especial purpose, by notice, specifying the time, the place, and purpose. These are held in pursuance of sundry statutes, directing particular things (the diversion of highways, for instance) to be done at such meetings. As the time and place of these meetings are occasional, and vary with the object, a reasonable notice to all the magistrates of the division is necessary

to render the orders made there valid. The general quarter sessions are held four times a year, in each county, for the trial of larceny, assaults, and misdemeanours, punishable with transportation, fine, imprisonment, or whipping; the more atrocious offences, as murder and burglaries, being left to be tried at the county

assizes.

If a justice of the peace act illegally, maliciously, or corruptly, he is punishable by information or indictmeut. When a criminal information is applied for against a magistrate, the question for the court is not whether the act done be found, on inrestigation, not strictly right, but whether it proceeded from an unjust, oppressive, or corrupt motive (among which fear and favour are generally included), or from mistake or error only. He is likewise liable to an action for illegal acts done by colour of his office, but no justice can be sued for any oversight without notice one calendar month beforehand, nor at all after the expiration of six months (in the case of metropolitan magistrates three months) from the commission of the injury. (See 11 & 12 V. c. 44.)

Justices of the peace are empowered by 7 G. 4, c. 64, to take bail in cases of felony, where there is not a strong presumption of guilt against the party brought before them. It also requires them to take the most material part of the evidence on examination before them in writing, to be returned to the assizes, both in charges of felony and misdemeanour, and 12 & 13 V. c. 64, enacts that all power which may be exercised, out of general or quarter sessions, by two or more county justices, may be exercised by two or more city or borough justices having jurisdiction therein.

By 21 & 22 V. c. 73, a stipendiary magistrate of any city, borough, or district, sitting at a police court, or place so appointed, may do alone all acts authorized to be done by two justices. Such power to extend to acts of jurisdiction required to be done by justices at petty sessions. But not to extend to quarter or special sessions, nor to the grant of licenses, nor to the police magistrates of London. By s. 9, justices of quarter sessions may appoint two or more justices to form a second court for the hearing and determining such business as may be referred to them, and by 32 & 33 V. c. 34, power is given to a stipendiary magistrate to appoint a deputy who shall have practised as a barrister-at-law for seven years to act for him for a period not exceeding six weeks in a

year.

The 26 & 27 V. c. 97, enables cities, towns, and boroughs of 25,000 inhabitants and others to appoint stipendiary magistrates to meet the demand of an increasing population and difficult legal questions arising. By s. 3, two-thirds of the number of any local board may decide upon the expediency of appointing a stipendiary magistrate and fix amount of salary, subject to approval of secretary of state. Such stipendiary to be a barrister-at-law of not less

than five years' standing, and hold office during the pleasure of the crown. Justice need not be qualified by estate; may act where one or two justices may act, but not sit in court of gaol delivery, or in the levying any county or similar rate, s. 5. Board required by s 4 to provide a suitable police office, not a room in a licensed or other alehouse.

The 27 & 28 V. c. 65 supplies a deficiency in the act of William and Mary, in relation to the removal of clerks of the peace for misconduct. By s. 2, if it appear, on examination in open court, to two justices of the county, on complaint in writing, that a clerk of the peace has been guilty of misconduct, otherwise than in the execution of his office, they may suspend or remove him from office as an unfit person. Power of appeal to the lord chancellor.

IV. POLICE JUSTICES OF THE METROPOLIS.

Police justices are stipendiary magistrates, which, exclusive of those in Bow Street office, were first created by act of parliament in 1792. They are limited to twenty-seven in number, must be barristers, and are appointed by, and under the control of the secretary of state for the home department. Their duties are judicial, and consist in the examination and discharge or commitment of offenders brought before them by the constables under the control of the police commissioner. One magistrate is required to attend at each of the police courts every day except Sunday, Christmas-day, Good Friday, or any public fast or thanksgiving day, from ten in the morning until five in the afternoon, and at such other times as may be directed by a secretary of state.

Two police commissioners for the metropolis and vicinity were instituted under 10 G. 4, c. 44, and are empowered to act as justices in the counties of Middlesex, Surrey, Herts, Essex, Bucks, and Berks; but they are not to act in any court of general or quarter sessions, nor in any matter out of sessions, except for the preservation of the peace, and the detection and committal of offenders. They are exempt from any qualification by estate, and have the entire control of the nightly watch and police within the limits of the metropolitan police district, and which district may be extended to any parish or place within the limits of the Central Criminal Court, not distant more than fifteen miles in a right line from Charing Cross.

By 19 & 20 V. c. 2, in lieu of two, there is to be only one commissioner of police, to be styled, "the commissioner of police of the metropolis," and two assistant commissioners are to be appointed, having the qualifications and powers prescribed by 10 G. 4. Salary of the sole commissioner not to exceed £1,500, that of each assistant commissioner not to exceed £800. In case of vacancy, or

the illness of chief commissioner, one assistant commissioner to

act.

The following are the chief regulations of the Police acts, which the commissioners and constables are empowered to enforce, and the inhabitants of the city, and within the limits of the metropolitan districts, are required to observe:—

Houses of public resort, as beer-shops, coffee-shops, cook-shops, free vintners, are placed under the same regulations as publichouses for the prevention of disorderly conduct, or the resort thither of improper characters. Unlicensed theatres, and places for fighting or baiting animals, birds, &c., prohibited. Reputed commen gaming-houses may be forcibly entered by the police, and the keeper, and all present in it without lawful excuse, be taken into custody and punished. Pawnbrokers are prohibited from taking pledges, or purchasing articles from children who are apparently under twelve years of age. (See Licensed Victuallers and Pawnbrokers.)

Persons driving cattle or vehicles are required to attend to the orders issued by the commissioners of police for their regulation during the hours of divine service.

Nuisances in the thoroughfares are prohibited; as showing cattle for sale, feeding or exercising horses, &c.; making or repairing any article (except in cases of absolute necessity); letting an unmuzzled ferocious dog go at large; hunting cattle or negligently driving them; obstructing passengers by means of a horse, vehicle, &c.; rolling a cask, wheel, &c., on the footpath, or carrying show-boards or placards upon the same; posting bills or otherwise defacing a building of any description; or selling or exposing any indecent book.

Any street musicians must depart from any particular locality when desired to do so by a householder.

No master of a vessel lying in the Thames, between Westminster and Blackwall, may keep any gun loaded with shot on board; nor fire any gun between sunset and sunrise; nor may he heat, or allow others to heat, any combustible matter on board.

No booth or house or other place of entertainment at any fair may be kept open after eleven o'clock at night, nor be opened before six in the morning.

Any drunken person guilty of riotous or indecent behaviour, either in the street or the station-house, punishable by fine or imprisonment for seven days.

Any person driving or riding in any vehicle without the owner's consent, as behind a coach, for example, is punishable. So is any person creating a nuisance by any noisome sinell; throwing out of their houses any filth, refuse, or obstructive materials; shaking or beating carpets, &c., excepting door mats, before eight o'clock in the morning; emptying any cesspool, &c., between six in the morning and twelve at night; exposing things for sale in any paik

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or public garden without consent; or obstructing the footpath or carriage-way by any projection or otherwise; or leaving open any vault, cellar, &c.

Any prostitute or other person loitering about at night, to the annoyance of passengers or inhabitants; any person provoking to a breach of the peace, by abusive or threatening words; blowing a horn or other noisy instrument; discharging fire-arms, throwing stones, making bonfires and slides; or flying kites, or playing at any game to the annoyance of inhabitants or passengers; ringing any door-bell, knocking at any door, or extinguishing any light without lawful excuse these are all offences liable to fine or imprisonment. The principal powers conferred upon the police are as follows:They may act on the river Thames, and at any time board vessels, to observe the conduct of persons on board. They are to enforce any regulations made by the commissioners to prevent obstructions in the streets. They may destroy any dog or other animal supposed to be in a rabid state. They may apprehend, without a warrant, any person seen by them to have committed an offence, as well as any disorderly person or persons suspected of having committed, or being about to commit, any felony, misdemeanour, or breach of the peace; as also any person lying or loitering about and not giving a satisfactory account of him or herself.

They may also apprehend, without a warrant, any person charged with an aggravated assault, or with a misdemeanour or felony, though not committed in their presence.

They may stop and search any vessel, cart, or other vehicle, in which they may suspect there is stolen property, as well as any person suspected of being concerned in illegally conveying away any property.

They may stop and detain, until due inquiry be made, any vehicle employed in removing furniture between the hours of eight in the evening and six in the morning; or whenever they shall have good grounds for believing such removal is made to evade the payment of rent.

They are to take every person apprehended without a warrant to the station-house, where the superintendent is empowered to take hail for appearance before a magistrate.

Resisting the police in the execution of their duty, or inciting any person so to do, subject to a penalty of £5, or one month's imprisonment, at the discretion of the magistrate.

The number of police courts, exclusive of two in the city, is eleven, with those of Greenwich and Wandsworth. By 3 & 4 V. c. 84, the queen in council may establish new police courts or districts, and a police magistrate may act anywhere within the limits of the metropolitan police district. Appeal may be had from any leet jury, or other court, to a police magistrate, in respect of weights and measures. Duties respecting the balloting of militia to be performed by the constables, who may also, without