Mr. Serjeant Stephen's New Commentaries on the Laws of England

the grand jury at the same assizes to which inquisition is returned. By the Coroners Act the coroner is required to deliver the deposit nesses to the officer of the court where the t and by section 5 (1), the coroner has autho recognizance all who know or declare any touching such offence, to appear at the co trial is to be, either to prosecute or to against the party charged. Under the last-mentioned section, amending the c. 33, the coroner may, on a verdict of his discretion, accept sufficient bail f charged, for his appearance to take hiassize and general gaol delivery for the

It may be here noticed, that, by the ( Amendment Act, 1868, the coroner of which the prison belongs, wherein ju executed on any offender, is expres an inquest on the body within twenty execution, and to inquire thereat in identity of the body, and whether t1 executed on the offender; and it iinquest neither any officer of the p confined therein, shall be a juror (

[Another branch of the coron concerning treasure trove, who where the treasure is, and whethe having found and concealed it

nty, good men and lawful, which evil, or barretors, should be ace (1), which assignment was king's commission (m). And the 34 Edw. III. (1360), c. 1, trying felonies, they acquired the tion of justices of the peace (n), reafter assigned by the king, and freeholders.

peace for each county, who are ty justices, are generally selected on the lord lieutenant of the county (0), special commission under the Great hich was settled by the judges, in ontinues with little alteration to this

to such form, the appointment is of d severally, to keep the peace in the named (q); and of any two or more

Courts, Acts, 1839, 1840; Indictable Offences Act, 1848, s. 29; Summary Jurisdiction Act, 1848, s. 33; Public Revenue and Consolidated Fund Charges Act, 1854 (Sched. B.); Metropolitan Police Acts, 1856, 1860, 1861; Metropolitan Police (Receiver) Act, 1861; Metropolitan Police Act, 1864; Metropolitan Police (Receiver) Act, 1867; Police Rate Act, 1868; Metropolitan Police Act, 1884; Metropolitan Police (Receiver) Act, 1895; Metropolitan Police Courts Acts, 1897 (cc. 14 and 26) and 1898; and Metropolitan Police Acts, 1897 (c. 42), and 1899.

(p) Lamb. 43. See the form of the writ, ib. 36.

(9) As to the power of county magistrates to act in counties cor

[high steward of England, the lord mareschal, and the lord high constable of England (when any such officers are in being), the judges of the High Court by virtue of their offices, and the Master of the Rolls by prescription, are also conservators of the peace throughout the whole kingdom, and may commit all breakers of it, or bind them in recognizances to keep it (c). The coroner is also, as we have seen, a conservator of the peace within his own county (d), as is the sheriff (e); and both may take a recognizance or security for the peace. Constables, tithing men, and the like, are also conservators of the peace within there own jurisdictions; and may apprehend all breakers of the peace, and commit them till they find sureties for keeping it (ƒ).

Those that were, without any office, simply and merely conservators of the peace, either claimed that power by prescription (g), or were bound to exercise it by the tenure of their lands (h), or were chosen by the freeholders in full county court before the sheriff, the writ for their election directing them to be chosen "de probioribus et potentioribus comitatus sui in custodes pacis" (i). But when Queen Isabel, the wife of Edward the Second, had contrived to depose her husband and to set up his son Edward the Third in his place, the new king, or his mother in his name, sent writs to all the sheriffs in England (the form of which writs is preserved by Thomas Walsingham) (k) giving a plausible account of the manner of his obtaining the crown, and withal commanding each sheriff that the peace be kept throughout his bailiwick, on pain and peril of disinheritance, and loss of life and limb. And, a few weeks after the date of these writs, it was ordained in parliament, that, for the better maintaining and keeping

(i) Ibid. 16. For the history of the justices of the peace before Edward III., and generally, see Medley, Engl. Const. Hist. pp. 392-401.

(k) Hist. A.D. 1327.

[of the peace in every county, good men and lawful, which were no maintainers of evil, or barretors, should be assigned to keep the peace (1), which assignment was construed to be by the king's commission (m). And when, shortly afterwards, the 34 Edw. III. (1360), c. 1, gave them the power of trying felonies, they acquired the more honourable appellation of justices of the peace (n), and were uniformly thereafter assigned by the king, and no longer chosen by the freeholders.

The justices of the peace for each county, who are usually called the county justices, are generally selected on the recommendation of the lord lieutenant of the county (0), and are appointed by special commission under the Great Seal, the form of which was settled by the judges, in the year 1590, and continues with little alteration to this day (p). According to such form, the appointment is of them all, jointly and severally, to keep the peace in the particular county named (7); and of any two or more

() 1 Edw. 3 (1326), st. 2, c. 16; Lamb. 20.

(m) 4 Edw. 3 (1330), c. 2; 18 Edw. 3 (1344), st. 2, c. 2.

(n) Lamb. 23; 36 Edw. 3 (1362), c. 12; Reeves, Hist. Eng. Law, vol. ii. p. 472; vol. iii. pp. 216, 242, 265, 290; vol. iv. p. 154; Harding v. Pollock (1829), 6 Bing. 25.

(0) As to the justices in boroughs (whose office within their borough is for the most part similar to that of the county justices within their county), vide post, bk. IV. pt. III. ch. III. As to the justices in and near the metropolis (and the commissioners and assistant commissioners, receiver, and constables of the police of the metropolis), see Metropolitan Police Act, 1839; Metropolitan Police

(p) Lamb. 43. See the form of the writ, ib. 36.

(q) As to the power of county magistrates to act in counties cor

[of them to inquire of and determine offences in such county committed; some particular justices, or one of them, being directed to be always included in such number, and no business to be done without their presence, the words of the commission running thus, quorum aliquem vestrum A. B. C. D. &c. unum esse volumus, whence the persons so named are usually called justices of the quorum. Formerly it was customary to appoint only a select number of justices, eminent for their skill and discretion, to be of the quorum; but now the practice is to advance almost all of them to that dignity, naming them all over again in the quorum clause, except perhaps only some one inconsiderable person, for the sake of propriety; nor is any exception now allowable, for not expressing in the form of the warrants, &c., that the justice who issues them is of the quorum (r). When any justice named in the commission intends to act under it, he sues out a writ of dedimus potestatem from the clerk of the crown in Chancery, empowering certain persons therein named to administer the oaths to him.] These oaths are the judicial oath and the oath of allegiance prescribed by the Promissory Oaths Act, 1868, s. 6, and, when required, an oath of qualification as to sufficiency of estate (s); and having taken these, the justice is at liberty to act. And it is to be observed, that justices of the peace act gratuitously, receiving neither neither salary nor fees, except that in certain populous districts, viz., in the metropolis and elsewhere, it has become the practice to appoint paid (or stipendiary) magistrates, any one of whom has the power

porate and other places of exclusive jurisdiction within the county, see Poor Relief Act, 1722, s. 3; Indictable Offences Act, 1848, s. 6. As to their jurisdiction in respect of boroughs within their county, see now the Muncipal Corporations Act, 1882, s. 154. As to their

power in detached parts of other counties, see Counties (Detached Parts) Act, 1839; Indictable Offences Act, 1848, s. 7.

(r) Justices Act, 1753; Justices Quorum Act, 1766.

(s) Justices Qualification Act, 1744.

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