their respective towns, to administer oaths to town officers, and to conduct proceedings concerning common lands. And we shall only add, that by statute, no justice of the peace shall, by virtue of his office, be liable to any penalty for not attending in any court of ayer and terminer or gaol delivery, unless the duties of his office require him to attend such court.

GENERAL SESSIONS.

Jurisdiction. The court of sessions are judges of the law and the fact, and a bill of exceptions does not lie to that court. 3 Johns. Rep. 23.

This court may by certiorari order the sessions to return all the facts and proceedings before them Ibid.

Bustardy. An order of bastardy made by two justices, is evidence of the facts stated therein, and on appeal it is incumbent on the party to impeach the truth of them. Ibid.

On appeals in cases of bastardy, the general sessions have no power to award costs, unless authorised by statute. 9 Johnson's Rep. 119.

The general sessions have no power to make an original order of maintenance in case of bastardy (that being the business of justices out of the sessions.) 10 Johns. Rep. 56.

JUSTICES OF THE PEACE.

Jurisdiction. Justices of the peace are confined strictly to the authority given them, and can take nothing by implication, but must shew the power expressly given them in every instance.1 Caines' Reports 190.

Courts of justices of the peace are not courts of record: they do not proceed according to the course of the common law. 3 Johns. Rep. 429.

Where a justice has imposed a fine on a witness for a contempt in a suit before him, an action will not lie before another justice to recover the amount. 3 Caines' Rep. 170.

An action on the case lies in a justice's court, against a person regularly subpoenaed as a witness in such court, and who neglects or refuses to attend. 10 Johns. Rep. 248.

A justice of the peace cannot grant a warrant to apprehend

The record of conviction before the justices ought to state sufficient to show that they had jurisdiction. 4 John. Rep. 292.

The value of the thing stolen ought to be stated, and that the party convicted had not given bail within 48 hours after being committed, or had consented to a trial before that time. Ibid. Attornies may be sued in a justice's court, except during the sittings of their court. 6 Johns. Rep. 332.

A corporation cannot be sued,* but may sue in a justice's court. 7 Johns. Rep. 356.

A justice cannot take cognizance of an action against an executor or administrator. But he has jurisdiction of an action against an executor or administrator. So in cases of mutual dealings, to the amount of two hundred dollars, if the balance due does not exceed 25 dollars.

Process. A defective erroneous process, is cured if no objection is made at the time and the defendant appears and goes to trial. 2 Caines' Rep. 134.

Although process issued by a justice, may be altered by his direction, yet a general authority by him to a constable, to alter the dates of executions, instead of renewing them, or to fill up or alter process, is void. 10 Johns. Rep. 405.

Adjournment. In the case of a non-resident plaintiff suing by warrant, the justice cannot adjournt the cause for more than three days without his consent. 3 Caines' Rep. 245.

On affidavit of the absence of a material witness, a justice ought to adjourn the cause, unless special cause to the contrary be shewn. 1 Johns. Rep. 514.

A justice cannot on his own motion adjourn a cause more than once, and that not for more than 5 days, after the return of process. 2 Johns. Rep. 192.

Where on warrant a cause, by request of defendant and consent of plaintiff, was adjourned to another day, when the parties appeared, and the defendant requested a second adjournment on account of the absence of a material witness, it was held that the justice was bound on defendant's offering to give security, to grant a further adjournment. 2 Johns. Rep. 383.

Where a justice has once adjourned a cause for 3 months, at

* A bill has recently been before the legislature, to simplify proceedings against corporations, authorising prosecutions and proceedings against corporations in the same manner as against individuals. We have not learnt what prevented it from becoming a law.

In all eases of adjournment, the accounts of the parties must be previously exhibited in court.

the request of a party, he cannot grant a second adjournment the request of the same party. 3 Johns. Rep. 435.

A defendant is bound to wait only a reasonable time for the justice, at the time and place appointed by him for the hearing of a cause, and if the justice thereafter gives judgment against him in his absence, it will be erroneous. 4 Johns. Rep. 117, & 5 Johns. Rep. 353.

It is too late to ask for an adjournment after a jury are impannelled. 7 Johns Rep. 437.

A justice may on the return of a summons, at the request of the plaintiff, adjourn the cause for six days, without requiring an oath of the absence of material witnesses. 9 Johns. Rep. 354.

The security to be taken by the justice for the defendant's appearance, in case of granting him an adjournment on warrant, must either be a recognizance, or at least a written engagement of bail; if merely verbal, it is void by the statute of frauds. 7 Johns. Rep. 18.

If the plaintiff, or some person in his behalf, do not appear on the return of process, it is a discontinuance, and if the justice proceeds in the cause, it is error. 9 Johns. Rep. 140.

Declaration. The declaration should state the cause of ac tion with certainty, that the court may know whether the justice has jurisdiction or not. 1 Caines' Rep. 486.

Want of averment in a declaration, will after judgment be in, tended to have been supplied by proof. 1 Johns. Rep. 276. After pleading, the defendant cannot take advantage of a variance between the process and declaration, 2 Cain. Rep. 134. If, on appearance of the parties, no objection is taken to the declaration, every formality is cured; and after verdict the court will intend that the substance of it was proved. 3 Cain. R. 218. It seems that a variance between the summons and declaration is not fatal. 10 Johns. Rep. 240.

*

Set-off. Every demand on contract, may be set-off under the 25 dollar act. 1 Johns. Rep. 58.

In suits before justices of the peace, the defendant must setoff his demand against the plaintiff the first opportunity, or he will be precluded, So that in two suits between the same parties, the set-off cannot be delayed until the trial of the last suit. 3 Johns. Rep. 428.

By the term contract is here to be understood, every promise or undertaking, whether express or implied, written or unwritten, as by bond, note, agreement, book account, or on goods sold, or labor or ser vices done, whether for specific or implied remuneration.

In an action for a tort (an injury for which an action of ires» pass lies) the defendant cannot set off. 3 Caines' Rep. 84.

The defendant must plead, or give notice of his set-off, at the. time of joining issue; and if he neglects so to do, he cannot afterwards make the set-off at the trial. 10 Johns. Rep. 108.

Plea in Bar of action. Where an action was brought on a note and account for work, and the jury took no notice in their verdict of the account, it was held in a second action for the account, that the defendant had properly pleaded the first action in bar. 2 Johns. Rep. 210.

It is a good plea, that defendant had previously brought an action before another justice. 1 Johns. Rep. 283.

Trial. The justice may, if necessary, continue his court from one day to the next; and if the defendant neglects or refuses to attend, the justice may proceed in the trial without him. 2 Caines' Rep. 134.

The justice who tries the cause must swear the witnesses. 1 Johns. Rep. 520.

When the justice has submitted the cause to the jury, he cannot take it from them and nonsuit the plaintiff. 3 Johns. R. 430. The jury decide both the law and the fact. Ibid. 436. If a justice only inspect a note, it does not deprive the party of a trial by jury. 1 Johns Rep. 142.

Venire, or Jury Process. A defective venire is cured, if the party makes no objection at the time, but proceeds to trial. 3 Caines' Rep. 275.

Where the former venire has not been carried into effect, the justice may issue another venire, without the former having been returned. 2 Caines' Rep. 134.

The justice may order the constable to return a talis de circumstantibus, (of the bystanders,) as jurors, in default of such as are summoned on the venire. 2 Johns. Rep. 886.

Aliens, although freeholders, are not qualified to serve as jurors. 6 Johns. Rep. 332.

Evidence. In an action of debt on the judgment of another justice, the certificate thereof should be proved or sworn to by the justice himself. 3 Johns. Rep. 429.

A justice cannot decide on his own previous knowledge, but only on the evidence produced before him in court. 10 Johns. Rep. 450.

A justice cannot be sworn as a witness* in a cause tried before

* He may be a witness in a cause before him by consent of parties.

him, though the oath be administered by another justice. 1 Johns. Rep. 520.

Verdict. Before the jury give in their verdict, a plaintiff may withdraw and be nonsuited. 5 Johns. Rep. 346.

A verdict of no cause of action, is a verdict for the defendant, and the justice is bound to give judgment accordingly. 2 Johns. Rep. 31.

A verdict for defendant, for six cents damages and six cents costs, will be considered as a general verdict for the defendant, and the damages and costs will be rejected. 3 Johns. Rep. 427,

A verdict for more damages than the party has claimed in his declaration or set-off, is merely a defect of form, for which a judgment will not be set aside. 3 Johns. Rep. 433.

Judgment. A justice is bound to give judgment on a verdict; for he can neither arrest the judgment, nor award a new trial. 2 Johns. Rep. 181.

A judgment rendered after issue joined, on the non-appearance of the defendant, must specify it to have been on hearing the proofs and allegations of the parties. 2 Caines' Rep. 96.

A justice cannot enter judgment against a defendant, unless he appears in person, or by attorney, and confesses judgment, or on his being duly summoned. 6 Johns. Rep. 126.

If the defendant makes default on the return of the summons personally served, the justice cannot give judgment for the plaintiff, without proof of his demand; but it must be proved in the same manner, as if the defendant had appeared and denied it. 10 Johns. Rep. 106.

A judgment against an executor or administrator plaintiff, on a plea of set-off by the defendant, is personally against such plaintiff, and charged on his own proper goods. 10 Johns. Rep.

366.

Costs-Are given of course under the 25 dollar act, where there is a recovery. 1 Johns. Rep. 316.

Where the plaintiff was nonsuited, but the justice awarded no costs, the judgment was held to be incomplete. 2 Johns. Rep. 8. A justice is not liable to be sued by witnesses for their fees.They must look to the party by whom they are subpoenaed. 5 Johns. Rep. 351.

Execution. A justice has no authority to discharge a defendant on execution, without authority from the plaintiff. 9 Johns. Rep. 146.

Certiorari. The justice must on certiorari return all the proceedings in the suit. 2 Caines' Rep. 373.