criminal cases was the County or Hundred Court, which, however, was subject to the general supervision and concurrent jurisdiction of the King's Court; and the same state of things was continued by the Conqueror and his sons, with this difference, that the supervision of the King's Court and the exercise of its concurrent jurisdiction were gradually increased and the jurisdiction and importance of the local courts were gradually narrowed and diminished and as the King's Court developed into the Court of King's Bench and the Courts of the King's Justices of Assize. Oyer and Terminer and Gaol Delivery, and as the exercise of the criminal jurisdiction of these Courts and of the Quarter Sessions of the local Justices of the Peace, established under Edward III, became more and more general, the result was that, in the reign of Edward IV, the County Court, although it still retained a separate existence, was virtually abolished.

Conservators of the Peace.—The peace in its broadest sense comprised the whole of the criminal law. Most offences were said to be against the peace, and all those magistrates who had authority to take cognisance of criminal offences were considered as guardians and conservators of the peace, ex officio. Such, for instance were the King's Justices, the inferior Judges, and the Sheriff's, Reeves, Constables. Tithing men, Headboroughs, and so on. The other keepers and conservators of the peace,custodes or conservatores pacis.—were those who,-without having any other office.-were simply and merely conservators of the peace, either by prescription, or by the tenure of their lands, or by having been elected by the freeholders assembled in full County Court, in pursuance of the writ directed for that purpose to the Sheriff (1).

Institution of Justices of the Peace.-The statute instituting Justices of the peace,-1 Edw. III, st. 2, c. 16. passed in 1327,-ordained that, for the better maintaining and keeping of the peace in every county, good and lawful men should be assigned by commission of the king. The election of conservators of the peace was thus taken from the people, and their appointment given

(1) 2 Steph Comm., 642-644; 2 Reeves Eng. L. (Finl.) 228, 329.

to the King. But, although by the 4 Edw. III, c. 2, (which contained also the regulations for appointing the Justices of Assize and Gaol Delivery),—the powers of the new conservators of the peace were increased, and although by the 18 Edw. III, st. 2, c. 2. it was enacted that, when necessary, they-jointly with others wise and learned in the law,-should be assigned, by the King's Commission, to hear and determine criminal offences,-they were not called Justices of the peace until, by later legislation, they, themselves, independently of others learned in the law, were empowered to hold courts, four times in the year, for the trial of criminal offenders (1).

Creation of their Summary Jurisdiction.—By successive statutes the powers exercisable by Justices in Quarter Sessions for the trial of offenders were much extended; but they had no general powers of summary conviction, and, except in cases of forcible entry (2), or of riot (3), or on the confession in certain cases, of the party charged (4), they could only proceed according to the common law mode of trial by jury, until the passing of the 2 Hen. 7. c. 3. by which individual Justices were authorised, at their discretion, to hear and determine upon information (for the king) all offences, short of felony, against any statute then in being. Under this statute Justices of the Peace were enabled to. summarily, and without any presentment or trial by jury, deal with and punish all offences short of felony. But it was repealed by the 1 Hen. 8. c. 6; and the earliest instance which we find recorded of a summary conviction by a Justice of the Peace, upon a penal statute, is one rendered on the statute 33 Hen. 8, c. 6, against the practice of carrying dags or short guns. (5). '

In the reign of James I, great additions were made to the powers of Justices of the Peace: and the passing in that and the two following reigns of numerous statutes respecting ale houses, profane swearing, drunkenness, embezzlement, the excise, the regulation of

(1) 34 Edw. III, c. 1; 36 Edw. III, st. 1, c. 12; 2 Steph. Com., 644; 2 Reeve's Eng. L. (Finl.), 330, 332. c. 2.

(2) 12 Ric. 1,

(3) 13 Hen. 4, c. 7.

(4) 2 Hen. 5, st. 1, c. 4.

(5) Paley Sum. Conv. 6 Ed. 10.

trade, and the Game Act (22 and 23 Car. 2, c. 25), occasioned a more frequent recourse to the exercise of their summary jurisdiction. (1).

At first, the judgments of the Justices of the Peace were final. There was no appeal from a Justice's decision in summary matters until the 22 Car. 2, c. 1.-called the Conventicle Act,-gave a right of appeal to the verdict of a jury at the next Quarter Sessions; and this was shortly afterwards altered, by the 22 and 23 Car. 2, c. 25, to an appeal to the Justices in Sessions, without a Jury. (2).

(1) Kerr's Mag. Acts, 2, 3; Carter, 22.

(2) Carter, 23.

FIRST DIVISION.

Appointment of Justices of the Peace and Police Magistrates: and their Powers, Duties and Responsibilities.

CHAPTER I.

JUSTICES OF THE PEACE.

How Constituted.-Justices of the peace are generally divided into two classes, namely, those who are such by virtue of and while holding some other office, and those who are constituted such by commission.

Justices Ex-Officio.—Of those who are justices of the peace by virtue of and while holding some other office are the judges of all the Superior Courts of law, including the Supreme and Exchequer Courts of Canada, the Supreme Court of Judicature in Ontario, and the Court of Queen's Bench of the province of Quebec; (1) and every police or stipendiary magistrate, recorder, mayor, alderman, counsellor and reeve is, during his tenure of office as such, a justice of the peace ex officio. (2)

Every commissioner of police appointed by commission of the Governor General in council, for any one or more of the provinces, territories, or districts of Canada, or for any one or more of the districts or counties in any province, territory, or district or for any temporary judicial district in Ontario, is given, for the carrying out of the criminal laws and other laws of Canada the right of

(1) R. S. O., c. 71, sec. 1 ; R. S. Q., Art. 2447.

(2) R. S. Q., Arts. 2485, 2489, 2492; R. S. O., c. 72, sec. 18; C. S. B. C., (1888), c. 78, sec. 3; R. S. Man., (1891), c. 93, sec. 3; 52 Vic., (Que.), c. 79, s. s. 13, 16.