isted as to whether a warrant could be issued by a justice of the peace on a Sunday. But it should be borne in mind that it is only a warrant for the apprehension of a person charged with an indictable offence that can be so issued. A writ cannot be issued on a Sunday; and it will be void if it bear date on a Sunday (Hanson v. Shackleton, 4 Dowl. 48) ; therefore a warrant to apprehend for non-payment of a penalty, or of money under a justice's order, as a poor rate, it being in the nature of a civil proceeding, cannot be issued on a Sunday. As to the execution of a warrant on a Sunday, see 29 Car. 2, c. 7, s. 6, and note to section 10, post. peace for any Note to. Justices for adjoin &c., may such for &c., while another. 5. In cases where a justice of the county, riding, division, liberty, city, borough, or ing counties, place shall be also justice of the peace for a county, act as riding, division, liberty, city, borough, or place next one county, adjoining thereto or surounded thereby, it shall and residing in may be lawful for such justice of the peace to act as such justice for the one county, riding, division, liberty, city, borough, or other place whilst he is residing or happens to be in the other such county, riding, division, liberty, city, borough, or other place, in all matters and things hereinbefore or hereafter in this Act mentioned; and that all such acts of such justice, and the acts of any constable or other officer in obedience thereto, shall be as valid, good and effectual in the law to all intents and purposes as if such justice at the time he shall so act as aforesaid, were in the county, riding, division, liberty, city, borough, or other place for which he shall so act; and all constables and other officers for the county, riding, division, liberty, city, borough, or place for which such justice shall so act as aforesaid are hereby authorized and required to obey the warrants, orders, All acts of directions, act or acts of such justice which in that to be valid. behalf shall be granted, given, or done, and to do and perform their several offices and duties in respect justice, &c., &c., appre hending offenders in one such county, &c., may take them before such justice in the adjoining if hact both. as Sect. 5. thereof, under the pains and penalties to which Constables, any constable or other officer may be liable for a neglect of duty; and any such constable or other peace officer, or any other person, apprehending or taking into custody any person offending against law, and whom he lawfully may and ought to apprehend or take into custody, by virtue of his office or othercounty, &c., wise, in any such county, riding, division, liberty, a justice in city, borough, or place, may lawfully take and convey such person so apprehended and taken as aforesaid to and before any such justice of the peace, for such county, riding, division, liberty, city, borough, or place, whilst such justice shall be in such adjoining county, riding, division, liberty, city, borough, or place as aforesaid, and the said constables and other peace officers, and all such other persons as aforesaid, are hereby authorized and required in all such cases so to act in all things as if the said justice of the peace were within the said county, riding, division, liberty, city, borough, or place for which he shall so act. Proof of offence. This section enables a justice of the peace for two or more districts adjoining each other, as two counties, ridings, or divisions of a county, or a borough and a county, or for a district surrounded by another, as a borough surrounded by a county, &c., to act, whilst he is in one of these districts, for the other district, and has remedied a defect in the law, as it formerly existed, in this respect. It is one of the oldest rules of law that although a thing is alleged with greater particularity than it need to have been, yet it must be proved as alleged, for the party is bound by his description. Thus, if it be alleged that an act was done by a person in one capacity and it appears that he did it in another, that would not be sufficient. In an action for breaking and entering a stable of the plaintiff, the defendant justified under a search warrant alleged to have been issued by a justice of the peace for the county of S. in which the stable was situated. At the trial the search warrant produced appeared to have been issued by a justice of the peace for the borough of W., situated in the county of S., of which county he was also a justice of the peace; this was held to be a fatal variance, but that it might be amended. Webb v. Ross, 5 Jur. (N.S.) 126; 23 J. P. 167. Note to Sect. 5. With regard to the duties of constables, 22 & 23 Vict. c. 32, Constables. s. 2, enacts that "no county constable shall, as such constable, be required to act in any borough having a separate police establishment, except in execution of warrants of justices of such county, or by the order of his chief constable or superintendent; and in all cases of special emergency the chief constable or superintendent, when required so to do by the watch committee of any borough having a separate police establishment, shall have power to direct the county constables to act within such borough; and no constable of any borough having a separate police establishment shall as such constable be required to act out of his borough, except in execution of warrants of justices of such borough, or in pursuance of directions from the watch committee in case of special emergency." a county, act for it in an ad joining city or place of exclusive jurisdic 6. It shall be lawful for any justice or justices of Justices for the peace acting for any county at large, or for any &c., may riding or division of such county, to act as such at any place within any city, town, or other precinct, being a county of itself, or otherwise having exclusive jurisdiction, and situated within, surrounded by, or tion. adjoining to any such county, riding, or division respectively, and that all and every such act and acts, matters and things, to be so done by such justice or justices within such city, town, or precinct, as justice or justices for such county, riding, or division respectively, shall be as valid and effectual in law as if the same had been done within such county, riding, or division respectively, to all in- Not to give tents and purposes whatsoever: Provided always, act, &c., that nothing in this Act contained shall extend to give power to the justices of the peace for any within the county, riding, or division, not being also justices for same. such city, town, or other precinct, or not having power to in any matters, &c. arising Sect. 6. authority as justices of the peace therein, or any constable or other officer acting under them, to act or intermeddle in any matters or things arising within any such city, town, or precinct, in any manner whatsoever. Jurisdiction The effect of this section is to enable any justice acting of justices. for any county, riding, or division to act for it within any city, town, or other precinct within it or adjoining to it, not only in respect of indictable offences, but in respect to all proceedings within the jurisdiction of a justice of the peace. Their powers in this respect were formerly regulated by 28 Geo. 3, c. 49, s. 4, and 1 & 2 Geo. 4, c. 63; and the proviso is the same as the proviso to those enactments. See also the proviso in 11 & 12 Vict. c. 43, s. 6, ante, on the same subject, and notes thereon. For removal of doubts as to powers given to justices, &c., in detached parts of counties under 2 & 3 Vict. c. 82. With respect to the jurisdiction of county justices in boroughs, it is enacted by 5 & 6 Will. 4, c. 76, s. 111 (the Municipal Corporations Act), that after the 31st day of May, 1836, the "justices assigned, or hereafter to be assigned to keep the peace in and for the county in which any borough is situated, to which His Majesty shall not have granted that a separate court of quarter sessions of the peace shall be holden in and for the same, shall exercise the jurisdiction of justices of the peace in and for such borough as fully as by law they and each of them can or ought to do in and for the said county, and no part of any borough in and for which a separate court of quarter sessions of the peace shall be holden, shall be within the jurisdiction of the justices of any county from which such borough before the passing of this Act, was exempt, any law, statute, letters patent, charter, grant, or custom to the contrary notwithstanding." 7. And whereas doubts have arisen whether the powers given to justices by an Act passed in the session of Parliament held in the second and third years of the reign of Her present Majesty, intituled "An Act for the better Administration of Justice in detached Parts of Counties," are applicable to cases of summary jurisdiction and to acts merely ministerial: Be it hereby declared and enacted, that all the acts of any justice or justices, and of any con- Sect. 7. stable or officer in obedience thereto, shall be as good in relation to any detached part of any county which is surrounded in whole or in part by the county for which such justice or justices acts or act as if the same were to all intents and purposes part of the said county; and all constables and other officers of such detached part are hereby required to obey the warrants, orders, and acts of such justice or justices, and to perform their several duties in respect thereof, under the pains and penalties to which any constable or other officer may be liable for a neglect of duty. With reference to this section, see 2 & 3 Will. 4, c. 64, 2 & 3 Vict. c. 82, and 7 & 8 Vict. c. 61. charge, &c., a warrant issued, in &c., on oath, tices. to be issued &c., not 8. In all cases where a charge of complaint for When any indictable offence shall be made before such jus- is made, if tice or justices as aforesaid, if it be intended to issue is to be a warrant in the first instance against the party or formation, parties so charged, an information and complaint to be laid thereof (A.) in writing, on the oath or affirmation of before justhe informant or of some witness or witnesses in that If summons behalf, shall be laid before such justice or justices: instead, in Provided always that in all cases where it is intended formation, to issue a summons instead of a warrant in the first necessary instance, it shall not be necessary that such informa- oath. tion and complaint shall be in writing, or be sworn to or affirmed in manner aforesaid, but in case such information and complaint may be by parol merely, and without any oath or affirmation for alleged whatsover to support or substantiate the same: pro- form. vided also, that no objection shall be taken or allowed to any such information or complaint for any every such to be on No objection allowed defect in |