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"of the law, united with the most useful and extensive prae"tical information. They are called upon in many cases of a "difficult and in many of a delicate kind, and are in general "addressed by those who apply to them with the respect that "is due to their station and character. They are indeed like 66 every other subject of this kingdom, answerable to the law "for the faithful and upright discharge of their trust and "duties. But whenever they have been challenged upon this head, either by way of indictment, or criminal information, "the question has always been, not whether the act done "might, upon full and mature investigation, be found strictly “right, but from what motive it had proceeded, whether from "a dishonest, oppressive or corrupt motive (under which description fear and favour may generally be included), or "from mistake or error; in the former case alone, have 66 they become the objects of punishment. To punish as a "criminal any person who in the gratuitous exercise of a public "trust, may have fallen into error or mistake, belongs only to "the despotic ruler of an enslaved people, and is wholly abhor"rent to the jurisprudence of this kingdom." (R. v. Borrow, Esq. 3 B. & Ald. 432.)

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FORM OF COMMISSION OF THE PEACE.

[L. S.] MONCK:-(or as the case may be.)

To

PROVINCE OF CANADA.

VICTORIA, by the grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, &c.

— (here follow the names).

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Know ye, that we have assigned you jointly and severally, and every one of you, our Justices to keep the peace in our count-of in our said province of Canada, and to keep and cause to be kept all the ordinances and statutes for the good of the peace, and for the preservation of the same, and for the quiet rule and government of our people, made in all and singular their articles in our said count―, 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 and statutes, or any one of them, in the aforesaid count-,

as it ought to be done, according to the form of those ordinances and statutes, and to cause to come before you or any one of you, all those who to any one or more of our people concerning their bodies, or the firing of their houses have used threats, and to find sufficient security for the peace or their good behaviour towards us and our people, and if they shall refuse to find such security, then confine them in our prisons until they shall find such security, to cause to be safely kept. We have also assigned you, and every two or more of you, our Justices, to enquire more fully the truth by the oaths of good and lawful men of the count- aforesaid, by whom the truth of the matters may be the better known and enquired of, and all manner of felonies, poisonings, trespassings, regratings, engrossings, and extortions whatsoever, and of all and singular the

crimes and offences of which the Justices of the Peace may or ought lawfully to enquire by whomsoever, and after what manner soever in the said count- had, done or perpetrated, or which hereafter shall there happen to be done or attempted; and also of all those who in the aforesaid count in com

panies, against our peace in disturbance of our people with armed force have gone or rode, or who hereafter shall presume to go or ride; and also of all those who shall have there lain in wait, or hereafter shall presume to lie in wait to maim or cut or kill our people; and also of all victuallers, and all and singular other persons, who in the abuse of weights and measures, or selling victuals against the form of the ordinances and statutes, or any one of them therefor made, for the common benefit of our people of our said province, have offended, or attempted, or hereafter shall presume in our said ——— count— to offend or attempt; and also of all sheriffs, bailiffs, constables, stewards, keepers of gaols, and other officers who, in the execution of their offices about the premises, or any of them, have unduly behaved themselves, or hereafter shall presume to behave themselves unduly, or have been or hereafter shall happen to be careless, remiss, or negligent in our aforesaid

count; and of all and singular articles and circumstances, and all other things whatsoever that concern the premises, or any of them, by whomsoever and after what manner soever in our aforesaid count― done or perpetrated, or which hereafter shall happen to be done or attempted in what manner soever; and to inspect all indictments whatsoever so before you or any of you taken, or to be taken, or before others late our Justices of the Peace in our aforesaid count made

or taken, and not yet determined, and to make and continue process thereupon against all and singular the persons so indicted, or who before you hereafter shall happen to be indicted, until they can be taken, surrender themselves, or be outlawed; and to hear and determine all and singular the felonies, poisonings, trespasses, forestallings, regratings, engrossings, extortions, unlawful assemblies, indictments aforesaid, and all and singular other the premises, according to the laws and statutes aforesaid, as it has been accustomed or ought

to be done, and the same offenders, for their offences aforesaid, by fines, ransoms, amercements, forfeitures, or other means, according to the law and custom of that part of our said province called Upper Canada, and form of the ordinances and statutes aforesaid to chastise and punish.

Provided always, that if a case of difficulty upon a determination of any of the premises before you, or any two or more of you, should happen to arise, then let judgment in no wise be given before you, or any two or more of you unless in the presence of one of our Justices of our Court of Queen's Bench, or one of our Justices of our Court of Common Pleas, or one of our Justices appointed to hold the assizes in the said count. And therefore, we command you and every of you, that to keeping the peace, ordinances and statutes, and all and singular the premises, you diligently apply yourselves; and that at certain days and places which you, or any two or more of you as is aforesaid shall appoint, into the premises you make inquiries, and all and singular the premises hear and determine, and perform and fulfill them in the aforesaid form, doing therein what to justice appertains according to the law and custom of that part of our said province called Upper Canada; saving to us our amercements and other things to us thereunto belonging. For we have commanded and do hereby command our sheriff of our said count, that at certain

days and places which you or any such two or more of you as is aforesaid to him shall make known, he cause to come before you or any such two or more of you as is aforesaid, such and so many good and lawful men of his count, by whom the truth of the matter in the premises, shall be better known and enquired into.

In testimony whereof, we have caused these our letters to be made patent, and the great seal of our said province to be hereunto affixed: Witness, our right trusty and well-beloved (here follow the name, style and title of the Governor), Governor General of British North America, and Captain General and Governor-in-Chief in and over our provinces of Canada, Nova Scotia, New Brunswick, and the Island of Prince

Edward, and Vice Admiral of the same, &c., at year of our Lord one thousand eight hundred and the year of our reign.

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By command,

Secretary.

The commission, as above, under the great seal, includes all the names of those intended to be thus honoured by Her Majesty, and is transmitted to the office of the Clerk of the Peace for the county, and there filed of record.

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