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III. JURISDICTION OF JUSTICES AS TO LOCALITY,
INTEREST, &c.

1. As to the Locality of Offences, &c.

2. Ex Officio Authority of Justices.

3. When Justices interested in the Case or otherwise disqualified from acting.

4. Ouster of Justices' Jurisdiction.

5. General Ingredients to give Justices Jurisdiction.

1. As to the Locality of Offences, &c.

rived.

In indictable

The jurisdiction of justices, whether for counties, ridings, How jurisdivisions or borough, in particular matters, is derived from diction detheir commission and numerous statutes. In indictable offences it is given by the commission of the peace, and by a previous offences. statute, namely, stat. 34 Edw. 3, c. 1, since explained and amended by other statutes. By the commission of the peace, which is now nearly the same as it was in the reign of Queen Elizabeth, the duties of justices out of sessions are defined thus: "Know ye, that we have assigned you jointly and "severally, and every one of you, our justices, to keep our peace in our county of ; and to keep and cause to be "kept all ordinances and statutes for the good of the peace, "and for preservation of the same, and for the quiet rule and "government of our people made in all and singular their "articles, in our said county, (as well within liberties as with"out,) according to the force, form and effect of the same; "and to chastise and punish all persons that offend against "the form of those ordinances or statutes, or any one of "them, in the aforesaid county as it ought to be done, accord"ing to the form of those ordinances or statutes." The 11 & 12 Vict. c. 42, gives them the same jurisdiction over all indictable offences,-treason, felony or misdemeanour,-and whether the latter be against the peace or not. In summary In summary convictions, as well as matters to be done at special and proceedings. petty sessions, their jurisdiction is wholly given to them by statute; and the number of justices requisite to the valid Number exercise of this summary authority depends entirely upon necessary. the particular act of parliament conferring the authority: and wherever the concurrence of two is requisite for any judicial act, they must be together at the time of executing it; but where it is given to one justice, it may be executed

Jurisdiction attaches to the place where matter

arose.

by any greater number; but one justice may receive any information or complaint, and enforce any summary conviction or order made by another or other justices (11 & 12 Vict. c. 43, s. 29), and do every act out of sessions relative to any indictable offence (11 & 12 Vict. c. 42, ss. 1, 8, 9, 17, 23, 25).

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Justices of the peace out of quarter sessions for counties, ridings and divisions, as well as for cities and boroughs, have cognizance principally of the same offences and matters happening within the limit of their respective jurisdictions (see further, page 12); and their primary jurisdiction attaches in general to the place where the offence was committed or matter arose which requires their interference, and in some cases specially provided for in summary proceedings more particularly to the place where the offender is apprehended or resides, to particular districts or divisions of a county, &c.,-as in the Alehouse Act, the Highway Acts, the Bastardy Act, and many others shown hereafter in this work. Upon this head Paley on Convictions (4th edit. by Macnamara, p. 32) says, "though the majority of penal statutes give authority gene"rally to all justices of the peace, without distinction, which implies an equal power in all, within the limits of their "respective commissions, yet, as some acts point out those of "a particular description, it may be proper to take notice in "what cases such selection is imperative, and excludes all "others, and where it is considered to be merely directory." It seems consistent with principle, as the power vested in justices of the peace is of a special kind, that where any matter is referred to a particular description of justices, the authority of all others should be excluded by that express designation (Dalt. c. 27, s. 8). And, therefore, where a statute refers the matter to the next justice, or any two justices, no other but the one answering that description, or those having jurisdiction by common law or act of parliament, has or have any authority. It was formerly held, in construing the acts which mention justices in or near the place where the offence was committed, that, notwithstanding that description, any justice of the county within which the offence was committed might take cognizance of the matter.1 The same construction

1 2 Keb. 559; 3 Keb. 383; 1 Saund. 263; Ex parte Kite, 1 B. & C. 101; 2 D. & R. 212; 1 D. & R. Mag. Ca. 222; Bac. Ab. Justices, E. 5.

had been put upon the words "justices of the division," which
were held to be merely directory, and not restrictive or quali-
ficatory (Ashley's case, 2 Salk. 480, 473; Anon., 12 Mod.
546); and therefore the act might be executed by any justice.
of the county; and the same where the statute specifies jus-
tices in or near the parish or division (R. v. Price, Cald. 305;
R. v. Loxdale, 1 Burr. 447). And if anything be directed to
be done in the "division by magistrates acting for the division,”
any magistrate of the county present at a meeting in the
division 2 is competent for that purpose (R. v. Price, Cald.
307, per Ashhurst, J.), although he does not reside within it;
but in these cases it must appear upon the justices' proceedings
that they come within the description given in the statute.3
However, in the recent case of Reg. v. Broadhurst (32 L. J.
(N. S.) M. C. 168), which was a conviction under the Public
Health Act, 11 & 12 Vict. c. 63, which required (by s. 2) that division.
cases shall be heard before justices "acting for the place" in
which the matter arose, it was held that these words meant
justices acting for the petty sessional division, and excluded
others.

Cases to be

heard before justices of the

within the

Generally speaking, the place where the justices can exercise Places of their authority must be within the county, riding, division or offence, &c. borough for which they are appointed to act (Dalt. c. 6); for jurisdiction. they have no coercive powers when out of their own counties or boroughs; but it is said that certain ministerial acts, i. e. recognizances and informations voluntarily taken before them in any other jurisdiction, are good (2 Hawk. c. 8, s. 44, pp. 47, 18, 8th ed. by Curwood). Mr. Paley says on this (4th ed. p. 18), "it must, however, be considered as doubtful whether "a magistrate can, out of the county, properly receive an in"formation upon oath to found a subsequent proceeding before "himself of a penal nature; and it is clear that any coercive "or judicial act would be altogether void unless done within "the county" (Dalt. c. 25). This, however, is now qualified by 11 & 12 Vict. c. 42 (set out p. 16), and the act 31 Vict. c. 22 (p. 64), as to providing places for holding petty and special sessions.

When, however, the qualification of the justice is not that

2 The divisions here mentioned are regulated by 9 Geo. 4, c. 43, and 6 Will. 4, c. 12, hereafter noticed in Sect. 5. of this Introduction.

3 Reg. v. Martin, 2 Q. B. 1037; Reg. v. Morice, 1 New Sess. Ca. 585; Reg. v. The Justices of Herts, 1 New Mag. Ca. 256.

Borough justices.

Jurisdiction of justices in boroughs.

Borough justices have not always exclusive jurisdiction.

of property, as under the 18 Geo. 2, c. 20, but of occupation under the provisions of the 38 & 39 Vict. c. 54, he is incapable of acting after he shall have ceased for twelve calendar months to have such qualification (see ante, p. 4).

As regards borough justices, it is enacted by the 98th section of the 5 & 6 Will. 4, c. 76, after providing for a commission of the peace for certain municipal boroughs therein named, "that every person so to be assigned shall reside within the "borough for which he shall be so assigned, or within seven "miles of such borough, or of some part thereof, during such "time as he shall act as a justice of the peace in and for such "borough."

In all boroughs within the Municipal Corporations Act, the borough justices shall not act as justices of the peace "at any "court of gaol delivery, or general or quarter sessions, or in "making or levying any county rate, or rate in the nature of

a county rate" (5 & 6 Will. 4, c. 76, s. 101). By the Boundary Act (6 & 7 Will. 4, c. 103), districts were added to several boroughs which had formerly belonged to counties; and it became a matter of doubt whether local acts of parliament, which gave jurisdiction in particular matters within these districts to the justices of the county only, could be executed by the borough justices; but by statute 1 Vict. c. 78, s. 31, all offences committed within any borough or the precincts thereof against the provisions of any act of parliament shall be cognizable by the justices of such borough; and such justices shall possess all the powers and jurisdiction with respect to such offences which were heretofore possesed by the justices of any county, riding, division, liberty or jurisdiction by virtue of any such local act (and see 13 & 14 Vict. c. 91, s. 9, p. 14), provided that in every case in which imprisonment might be awarded for any such offence, or to enforce payment of any penalty imposed by any such act, such imprisonment may be awarded to take place in any gaol to which the justices of that borough have power to commit offenders.

But although justices in a borough, having a separate commission of the peace, have jurisdiction in all places within such borough, they have not always exclusive jurisdiction; in some cases the justices of the county in which the borough is situate have concurrent jurisdiction therein with them. The rule is this: if the charter to the borough contain no non-intromittant clause, the county justices have concur

rent jurisdiction within the borough (R. v. Sainsbury, 4 Term Rep. 456); or if the charter contain a non-intromittant County clause, but no separate court of quarter sessions have been justices' authority in granted to the borough, the county justices have concurrent boroughs. jurisdiction (5 & 6 Will. 4, c. 76, s. 111); but if the charter contains such non-intromittant clause, and a separate court of quarter sessions have also been granted to the borough, there the county justices have no concurrent jurisdiction within the borough: the borough justices alone have jurisdiction there (ride Id.; 2 Hale, 47; 2 Hawk. P. C. c. 8, ss. 47, 48, 8th ed.). If county justices act as such within a borough where they have no concurrent jurisdiction, their act is void altogether (Talbot v. Hubble, 2 Str. 1154). If, on the other hand, county magistrates do an act as such within a borough in which they have concurrent jurisdiction, their jurisdiction immediately attaches, so as to exclude the right of the borough justices afterwards to do the like act. 4 But where the borough justices had exclusive jurisdiction within the borough, and concurrent jurisdiction with the county justices within certain places called the liberties of the borough, it was holden, that for an offence committed within the liberties, the borough justices might commit to the county gaol, and afterwards cause the prisoner to be brought before them for trial at the borough sessions (R. v. Musson, 6 B. & C. 74, and R. v. Amos, 2 B. & Ad. 553). The non-intromittant clause above mentioned must be in plain and explicit terms, for the jurisdiction of the county justices within a borough can only be taken away by express words in the charter (Blankely v. Winstanley, 3 T. R. 279). In a more recent case (Mayor of Reigate v. Hunt or Hart, 37 L. J. (N. S.) M. C. 70; 18 Law T., N. S. 237), in respect to the application of penalties, the case of R. v. Amos, supra, was apparently confirmed by the Court of Queen's Bench. It was decided that the mayor of a borough (Reigate), which had not a commission of the peace, nor a separate court of quarter sessions, and where there is no non-intromittant clause, is "really "in the nature of, if not altogether, a justice for the county, "with powers limited to a special locality; he acts as a justice "in and for the county, but his powers are limited to part of

4 R. v. Sainsbury, supra; Brown v. Nicholson, 28 L. J. (N. S.) M. C. 49 32 Law T. 160; Candlish v. Simpson, 30 L. J. (N. S.) M. C. 178; 4 Law T., N. S. 437. But see now 24 & 25 Vict. c. 75, s. 4, which gives jurisdiction in licensing alehouses to the justices of every borough, Vol. II. Chap. I. of Part III. tit. "Alehouses."