JERVIS'S ACTS. 11 & 12 VICTORIA, CAP. 42. An Act to facilitate the Performance of the Duties of SECTION I. WHEREAS it would conduce much to the * The bills, in passing through both Houses of Parliament, had these marginal references to Archbold's "Justice of the Peace;" and they are here retained, as they may be useful to the reader. For what the peace summons to son charged before him. 283.* Post, p. 9. the party may be summoned. 1 J. P. 282. justice or justices is residing or being or is suspected to [11 & 12 Vict. reside or be within the limits of the jurisdiction of such justice or justices, then and in person so charged or complained against shall not then every such be in custody, it shall be lawful for such justice or juscase, if the tices of the peace to issue his or their warrant (B.) to apprehend such person, and to cause him to be brought before such justice or justices, or any other justice or justices for the same county, riding, division, liberty, city, borough, or place, to answer to such charge or complaint, and to be further dealt with according to law: In what cases provided always, that in all cases it shall be lawful for such justice or justices to whom such charge or complaint shall be preferred, if he or they shall so think fit, instead of issuing in the first instance his or their warrant to apprehend the person so charged or comPost, p. 10. plained against, to issue his or their summons (C.) directed to such person, requiring him to appear before the said justice or justices at a time and place to be therein mentioned, or before such other justice or justices of the same county, riding, division, liberty, city, borough, or place as may then be there; and if after being served with such summons in manner hereinafter mentioned he shall fail to appear at such time and place, in obe1 J. P. 283. dience to such summons, then and in every such case the said justice or justices, or any other justice or justices of the peace for the same county, riding, division, liberty, Post, p. 10. city, borough, or place, may issue his or their warrant (D.) to apprehend such person so charged or complained against, and cause such person to be brought before him or them, or before some other justice or justices of the peace for the same county, riding, division, liberty, city, borough, or place, to answer to the said charge or complaint, and to be further dealt with according to law: provided nevertheless, that nothing herein contained shall prevent any justice or justices of the peace from issuing the warrant hereinbefore first mentioned, at any time before or after the time mentioned in such summons for the appearance of the said accused party. And if the summons be not obeyed, a warrant may issue. Proviso. NOTES. This section gives great additional jurisdiction to justices of the peace, both as to the offences of which they may take cognizance, and with respect to the places in which the offences may have been committed. We shall consider this matter under the following heads: As to what offences.] By this section a justice of the peace may issue his warrant or summons against a person accused of any indictable offence,-treason, felony, or misdemeanor,— and whether the latter be against the peace or not. The jurisdiction of justices of the peace is ministerial or judicial. The judicial functions of justices consist of the trials of offenders at general or quarter sessions, and the hearing and adjudicating upon informations and complaints out of such sessions; their ministerial functions consist of receiving informations or complaints, for indictable offences, and also for offences or matters determinable in a summary way,-causing the party charged to appear and answer, either by summons or by warrant, and taking bail, &c.—and, in the case of summary convictions or orders, causing such conviction or order to be executed, by warrant of distress or of commitment. With respect to convictions and orders out of sessions, the jurisdiction, ministerial and judicial, is given wholly by statute; but with respect to indictable offences, it is given by the commission of the peace, and by a previous statute, namely, stat. 34 Ed. 3, c. 1, since explained and amended by other statutes. By the commission of the peace, which is now nearly the same as it was in the reign of Queen Elizabeth, the duties of justices out of sessions are defined thus: "Know ye, that we have assigned you jointly and severally, and every one of you, our justices, to keep our peace in our county of and to keep and cause to be kept all ordinances and statutes for the good of the peace, and for preservation of the same, and for the quiet rule and government of our people made, in all and singular their articles, in our said county, (as well within liberties as without), according to the force, form, and effect of the same, and to chastise and punish all persons that offend against the form of those ordinances or statutes, or any one of them, in the aforesaid county, as it ought to be done, according to the form of those ordinances and statutes." All treasons and felonies were deemed to be offences against the peace, within the meaning of this commission; but with respect to misdemeanors it was otherwise, and they were deemed to be within the commission, only when they were actually against the peace, such as battery or false imprisonment, &c. or when they tended to a breach of the peace, as in the case of libel. Butt v. Conant, 1 Brod. & B. 548. But perjury was not deemed to be within the commission; and therefore where a justice of the peace committed a person, charged with perjury, for trial, Wightman, J. upon application, granted a habeas corpus to bring him up to be discharged, holding that justices of the peace had no jurisdiction to commit for perjury at common law. R. v. Bartlett, 1 Dowl. & Lo. 95, 12 Law Jo. 127, m. So, obtaining goods under false pretences, seems to come within the same exception, although in practice justices were constantly in the habit of committing for that offence. But now, as above mentioned, justices of the peace are authorized by this section to commit for all indictable offences, without exception. As to the place where the offence is committed.] By this section, justices of the peace have authority to issue their warrant to apprehend, and to commit for trial, any person charged with having committed an indictable offence within their jurisdiction, no matter where such person shall reside or be, or out of their jurisdiction, if the party charged be, or be supposed or suspected to be, within it. And in either case, if it shall happen that the party, against whom such warrant shall have issued, shall not be found within the county or other district to which the commission of the justice is limited, the warrant may be backed, as hereinafter directed in sect. 10, &c. so that it may be executed in some other district. Previously to this Act, justices of the peace had authority to issue their warrant to apprehend any person, charged with having committed, within their jurisdiction, any treason, or felony, or any misdemeanor against the peace or having a tendency to a breach of it; 1 Hale, 579; but they had no authority as to offences committed out of their jurisdiction. The magistrate could interfere only in cases of felony, or of a dangerous wound given, and then only to the extent of ordering a constable or other person to apprehend the party suspected, if found within his jurisdiction, and directing him to be taken before some justice of the peace for the county or other district where the felony was committed or wound given, And this was seemingly done upon the principle that a constable, or even a private person, may, without warrant, arrest any person who has committed a felony, or has dangerously wounded another. See 1 Arch. J. P. 128, 130. But now a justice of the peace, by this section, may issue his warrant against any person within his jurisdiction, or supposed or suspected to be within it, who is charged with having committed an indictable offence within any county or other district in England or Wales. As to the mode of proceeding in such a case, after the party charged has been apprehended, see sect. 21, post. With reference to the words "suspected to be guilty" in the beginning of this section, it is objected (S.), that it is difficult to understand the legal value of the word "suspected." Formerly, I believe, it was not so difficult; for we find the warrants to apprehend, and even the warrants of commitment, in olden time, and up to a very recent period, describing the party as being charged on suspicion of having done so and so; and perhaps rightly, for it cannot very well be stated that he committed the crime until he is actually found guilty of it. But in an Act of Parliament, the word "suspected" is deemed to have reference to those cases where the party has not been actually seen in the act of committing the offence, but his guilt is to be made out by circumstantial evidence. Hence the words in this section,-where a charge is made "that any person has committed or is suspected to have committed" any treason, felony, &c. If it were otherwise, it would seem as if it were intended to confine the jurisdiction of justices to cases where there was positive and direct evidence of the party's guilt. FORMS. (A.) Information and Complaint for an indictable Offence. The information and complaint of C. D. of day of to wit. [yeoman], taken this· in the year of our Lord 185-, before the undersigned, [one] of her Majesty's justices of the peace in and for the said [county] of- who saith that [&c. stating the offence]. at Sworn before [me], the day and year first above-mentioned, J. S. (B.) Warrant to apprehend a Person charged with an indictable To the constable of · the said [county] of Whereas A. B. of at Offence. and to all other peace officers in [labourer], hath this day been 2 charged upon oath before the undersigned, [one] of her Majesty's justices of the peace in and for the said county of for that he, on did [&c. stating shortly the offence] These are therefore to command you, in her Majesty's name, forthwith to apprehend the said A. B. and to bring him before [me], or some other of her Majesty's justices of the peace in and for the said [county], to answer unto the said charge, and to be further dealt with according to law. Given under my hand and seal, this day of in the year of our Lord- at , in the [county] aforesaid. J. S. (L. S.) |