ΤΗΣ TRIAL O F Alexander Addison, Esq. PRESIDENT OF THE COURTS OF COMMON PLEAS, IN THE HENY, ON AN IMPEACHMENT, BY THE HOUSE OF REPRESENTATIVES, BEFORE THE SENATE OF THE COMMONWEALTH TAKEN IN SHORT HAND BY THOMAS LLOYD. Second edition, with additions. LANCASTER: PRINTD BY GEORGE HELMBOLD, JUNIOR, 1803. Checked J [A.] 2 Bac. 160. USTICES of the peace, in their feffions, have no jurisdiction one over the other, according to that rule inter pares non eft poteftas: therefore they cannot amerce a juftice for his non-attendance, nor bind a brother juftice to his good behavior for ufing fuch expreffions in court, for which, if he were a private perfon, he might be committed, or bound to his good béhavior. [B.] Chriftian's Notes on Blackstone, 571. In the house of commons the speaker never votes but when there is an equality without his cafting vote, which in that case breates a majority; but the speaker of the house of lords has no cafting vote, but his vote is counted with the rest of the houfe; and in the cafe of an equality, the non-contents or negative voices have the fame effect and operation as if they were in fact a majority. (Lords' Journ. 25th June, 1661.) Lord Mountmorris fays, that the house of lords in Ireland obferve the fame rule; and that in cafes of equality, femper præfumitur pro negante. (1 vol. 105.) Hence the order in putting the queftion on appeals and writs of error is this: "Is it your lordship's pleasure that this decree or judgment fhall be reverfed;" for if the votes are equal, the judgment of the court below is affirmed. (Ib. 2 vol. 81.) Here it may not be improper to obferve, that there is no cafting voice in courts of juftice; but in the fuperior courts if the judges are equally divided, there is no decifion, and the caufe is continued in court till a majority concur. At the feffions the juftices, in cafe of equality, ought to refpite the matter till the next feffion; but if they are equal one day, and the matter is duly brought before them on another day in the fame feffionsand if there is then an inequality, it will amount to a judg ment, for all the time of the feffions is confidered as but one day. A cafting vote fometimes fignifies the fingle vote of a perfon, who never votes but in the cafe of an equality; some |