with their several distinctions-rape, abduction, defilement of women and children, child stealing, bigamy, attempts to procure abortion, concealing birth. Unnatural offences, abominable crimes (sins against nature being crimes against mankind). Making explosives of any kind to commit offences whereby life is endangered, with other provisions, &c. &c.: 24 & 25 Vic., c. 100. Now, under these heads will be found a great collection of crimes and offences.

There are, in addition to the foregoing, many other crimes under Statute and against the Common Law that are indictable; with all these Magistrates have to do in taking the evidence and sending the accused for trial before a higher tribunal. Some of the offences, those of a minor sort, are allowed to be summarily dealt with in Petty Sessions, notably so those committed by children and young persons. Amendments in these Statutes referred to have been since made almost every Session of Parliament, the exigencies of civilization, locomotion, and commerce so requiring.

Summary Jurisdiction.—A very limited attempt was made in the fourteenth and fifteenth year of Her Majesty to consolidate and amend the Acts relating to certain offences and other matters as to which Justices of the Peace exercise Summary Jurisdiction in Ireland. Several of the provisions of this Statute have been repealed or displaced by others; those that remain will be found dispersed through and repeatedly quoted in the Summary Jurisdiction Analysis. Under it are still dealt with-frauds as to provisions, trespass of persons, injuries to public roads, &c., nuisances on public roads, regulations as to stage carriages, carts, cars, &c., and the conduct of drivers. Civil Jurisdiction as to possession of small tenements in market towns, &c., disputes in fairs and markets, impounding animals, pound fees and duties as to the animals, trespass of animals, rates of trespass: 14 & 15 Vic., c. 92.

In addition to the above there are many matters respecting which the law has been consolidated, and that are subjects of Summary or Petty Sessions Jurisdiction as those relating to children and young persons, where punishment may in most cases take the form of restraint and reformation. Again, the protection of the young from cruelty on the part of parents, guardians, employers, and others—all of the first importance to the present and future generations— evincing at once the wisdom and beneficence of the Legislature; the "probation of first offenders," generally. There are others: as those relating to the revenue, customs, employers and workmen, fisheries, licensing liquor laws, public health and sanitary regulations, prevention of crime by convicts on licence, &c. &c.

These all, with others both of a public and private nature, form the subject of the Analysis and Abridgment set forth in alphabetical order in this work.

It would be more curious than useful to enter fully into the origin of this branch of the Magisterial office.

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The "Magistracy," for whom supplication is so often made that they may be given "grace to execute justice and maintain truth," includes the Sovereign, the Great Officers of the State, &c., Chancellor and Justices of the Queen's Bench, &c., Sheriffs, and those to whom the Commission is assigned. But unless it exist as incident to an office or by direct commission, no Duke, Earl, Baron, as such, has any greater authority to keep the peace than a mere private person.

The present mode of appointing Justices superseded an earlier form of choosing "Conservators of the Peace," as they were called, and which took place before the Sheriff by the freeholders in open Court, the writ directing that they should be chosen from the most respectable and influential people of the county. The violence which terminated the reign of Edward the Second, by the deposal and murder of that monarch, followed by the elevation of Edward the Third, then a minor, to the throne, occasioned the appointment of new officers in whom the Court could have more trust than in the common conservators. Under the 1 Ed. iii., s. 2, c. 16, E. & I., it was enacted that, for the better keeping and maintaining of the peace in every county, good men and lawful, that were no maintainers of evil, or barrators, should be assigned to keep the peace. But even after this they were styled only conservators, wardens, or keepers of the peace, until the Statute 34 Ed. iii., c. 1, E. & I., gave them the power of trying felonies, and then they acquired the more honourable appellation of Justices. This important Statute, amongst other things, directed them "to take of all such as were not of good fame, wherever they were found, sufficient surety and mainprise of their good behaviour, towards the king and his people, and to duly punish others to the intent that people, merchants, and other travellers might not be endangered by such rioters and rebels." This was the first authority they had to take surety for good behaviour, and indeed the first mention of it in any Statute or law book—and, as Dr. Burn remarks, "there is no other which hath received such a largeness of interpretation." The necessity for this Statute seems chiefly to have been the disbanding of the soldiers who served in King Edward's army in his French wars, and of those camp followers that returned with the victorious army to this kingdom; and, in its own words, "that have been pillors and robbers in the parts beyond the sea, and he now come again, and go wandering, and will not labour," &c. I give this Statute a little further on. It is then under this Statute, and their commission, that the Justices of the present day are empowered to hold unruly persons to bail to keep the peace and be of good behaviour." The clause in the commission runs thus:-"And to cause to come before you, or any of you, all these persons who shall threaten any of our people in their person, or with burning their houses, to find sufficient security for the peace, and for their good behaviour towards us and our people;

and if they shall refuse to find such security, then to cause them to be safely kept in our prison until they shall have found security. For further readings on this subject, see "Sureties of the Peace," &c., in the Summary Index to this work.

There are others appointed by different Statutes, such as Stipendiary or Resident Magistrates (6 and 7 Wm. iv., c. 13, s. 31); Justices in virtue of their office, as Mayors, Recorders of Boroughs (3 & 4 Vic., c. 108, ss. 84 & 116; and 14 & 15 Vic., c. 93, s. 44); Chairmen of Quarter Sessions (14 & 15 Vic., c. 57, s. 2; and 21 & 22 Vic., c. 88, s. 3); the InspectorGeneral, Deputy and Assistant Inspector-General, Royal Irish Constabulary (6 & 7 Wm. iv., c. 13, s. 6).

His power as a Justice of the l'eace now depends upon his commission and upon the several Statutes which create the objects of his jurisdiction; and having taken the oaths of office-that is, the oath of allegiance and the judicial oath, and returned same, with the dedimus, to the Hanaper Office-he is fully accoutred to exercise his functions and begin operations.

Supposing him to have had no previous experience, he will need to be cautious as he walks abroad armed with these formidable edged tools. He will avoid Quixotically going in search of adventures, redressing wrongs, and like the Don, tilting against windmills; nor, although some of Sancho Panza's decisions, when he became Governor, were inimitable in their way, will he follow the rulings of that great authority, though joking does sometimes decide great things better than earnest can.

It is not improbable that the first perplexities of an inexperienced Magistrate will attend some of those formal matters brought before him out of Petty Sessions; it may happen on the highway or at his house, and it is not unlikely that his inexperience will lead to his being so selected.

Attesting Recruits.-This public duty must be attended to: he should see that the recruit is sober; understands what he is doing; that he is acting under no coercion, as our army is composed of volunteers. He should read to him the questions in the Attestation-paper; receive his answers seriatim, and not merely saying in a hurried way "has all this been read over to you-is it all true?" The recruit repeats after the Magistrate the declaration that the answers are true; and also repeats and takes the oath of allegiance. If the recruit, on appearing before the Justice, dissents from the enlistment, there is an end to it-he is free to walk away. And so the recruiting sergeant is not now, as in former years he was, the dread of mothers, when he appears in the county town or quiet village. Military officers can now attest recruits.

Voluntary Oaths, Declarations, &c.—In former years, when accusations were nade against, or suspicions whispered about tending to blacken the reputation of individuals as to their honesty, their chastity, &c., it was not an uncommon

practice to have all made clear, straight and pure, on the door-steps of the village Justice, by an oath solemnly and openly taken: all this was of course highly irregular. Such voluntary and extrajudicial oaths are abolished, and the 5 & 6 Wm. iv., chap. 62, enables a Justice to take voluntary declarations, but he must not indiscriminately receive and affix his signature to all voluntary declarations presented to him; for he may by this means be giving publicity to libels, and that under his signature. If it be in the shape of an accusation tending to blacken the character of an individual, living or dead, he should not receive it; unless it be a declaration, in substitution for an oath, by a person whose religious belief qualifies him to make declaration in lieu of an oath, for some judicial purpose, and upon which some proceedings are to be taken by warrant or summons. There are some extrajudicial declarations allowable : declarations as to births, deaths, marriages, ages, &c., either for insurance or other purposes; declarations as to loss or injury to bank-notes; half-pay and pension declarations; as to loss of pawnbrokers' duplicates. For declarations liable to bear a shilling Petty Sessions Stamp, see Petty Sessions Stamps Act, Appendix; and for those liable to 2s. 6d. revenue stamp, see title "Stamp Act, 1870," Summary Index.

Vagrancy.-Persons found wandering abroad and begging may be brought before a Justice out of Petty Sessions; and on the charge being proved, he can deal with it as pointed out under the head "Begging," or "Vagrancy," in the Summary Index.

Fraud in Sale of Goods.-This offence, on being proved, he can also deal with out of Petty Sessions-see title "Frauds as to Provisions," Summary Index.

Disputes between Buyer and Seller, as to goods sold in fairs and markets, may also be dealt with, but in the manner and under the conditions in such cases provided-for which see title "Fairs and Markets."

Drunk on Highways.-Persons found drunk on highways may also be summarily dealt with out of Petty Sessions; but the Justice ought not to try the case while the person is drunk; and, as the constable is, under the Licensing Act, authorized to detain him until sober, then discharge and summon him, there appears no reason why the charge should not be brought regularly forward at the Petty Sessions; and whenever any case is decided out of Petty Sessions, the Justice shall, as directed by section 21 of the Petty Sessions Act, enter it in the Order Book, or send a certificate of the case to the Clerk of the Petty Sessions.

Excise Cases.-Offences against the Illicit Distillation Act, 1 & 2 Wm. iv., c. 55, where the Revenue Officers apprehend offenders, and bring them before any Justice of the Peace; and the Justice may at once convict on the case being proved, or confessed by the party charged (1 & 2 Wm. iv., c. 55, s. 34). In

these cases the officer generally produces to the Justice the Act and section which provides the penalty.

Summonses and warrants, and the informations on which same are founded, may be signed and taken out of Petty Sessions, but this belongs to the jurisdiction generally in receiving information and complaint, and will come under review in the epitome of Magistrates' duties, which I now proceed to give. The Petty Sessions (Ireland) Act, 1851, which is set out in the Appendix, is to be considered as the general machinery for carrying out and enforcing the provisions of the several other statutes conferring jurisdiction on Magistrates. In some few instances, as in Revenue cases, it is departed from. The Author, by marginal notes to this Act, gives a tolerably full synopsis of it.

Local Jurisdiction.—A Justice for any county may act in all matters within such county, although he may at the time happen to be in an adjoining county, provided that he be also a Justice for such adjoining county. He may also act in matters arising within his county although he be at the time in any city, town, or place, being a county of itself, and situated within or adjoining his county, and whether he be Justice of such city, town, or place or not; but unless he be also a Justice of the city, town, or place, he is not to intermeddle in matters arising therein. The Inspector-General of Constabulary and the Deputy-Inspectors, being Justices of any oounty, may act in all matters arising therein, wherever they may be.

The Place for hearing Cases.-Cases of Summary Jurisdiction shall, as a rule, be heard or determined in Petty Sessions, except in such instances as before referred to; but if two Justices meet together, and see fit to do so, they may hear and determine a summary case out of Petty Sessions, where the offender is unable to find bail for his appearance at the Petty Sessions; and although the section appears to leave the discretion with the Justices, yet if the offender should select that the case stand adjourned to the Petty Sessions where he may have his witnesses, and if he (being unable to find bail) submits to remain in custody, the request may in reason be complied with, and the Justices ought "to see fit" so to do. It is quite settled that he should be allowed opportunity of giving bail.

Open Court and Publicity of Proceedings.-The place of hearing all summary cases shall be deemed to be an open Court, to which the public, so far as they can be accommodated, shall have access; and the parties, by and against whom any complaint is heard, shall be admitted to conduct their cases and make their defence this they can do themselves, or by their counsel or solicitors on their behalf; but the Justices should not allow the parties and their solicitors to speak at same time as advocates: see title "Court," Summary Index.

If the proceeding is of an indictable character, and there are features in the case which lead the Justices to consider that it should not be conducted in the

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