Borough justices' authority over certain matters. 13 & 14 Vict. c. 91, s. 9. Jurisdiction of Metro politan police magistrates "the county." This case, however, it will be observed, was decided only upon a question as to the proper application of penalties-whether to the borough or county fund,—and cannot directly apply to the question of jurisdiction to determine cases. (See also Winn v. Mossman, 38 L. J. (N. S.) Exch. 200; 20 Law T., N. S. 672.) At page 6, supra, it is stated that the mayor and ex-mayor of a borough are justices for a limited period, and at p. 12, that the justices of boroughs have cognizance principally of the same offences as county justices. This power seems to be given them, or at all events sanctioned, by 7 Will. 4 & 1 Vict. c. 78, s. 31, as to matters under local acts, and the 13 & 14 Vict. c. 91, s. 9, as to both local and general acts, the latter of which enacts, that "The justices of every city or borough shall have the same juris diction, with respect to all offences committed and matters arising within such city or borough, as the justices of the county in which such city or borough is situate now have under or by virtue of any local or general act of parliament; -and such offences and matters shall be cognizable by one or more of the justices of such city or borough in the same manner as such offences and matters are now cognizable by one or more justices of such county." It should be noticed, also, that by some few acts (e. g. 5 & 6 Will. 4, c. 63, s. 34, and 23 & 24 Vict. c. 146, s. 2) the " mayor or chief magistrate" of boroughs alone has jurisdiction over certain offences; also that in some districts, towns corporate or otherwise, there are certain bye-laws, under which many offences are punishable which are not within the cognizance of the justices of other such towns, or, indeed, of the country districts." Some of the acts as to the jurisdictions of the police magistrates of the courts of the metropolis, as well as those of the justices of the City of London, are referred to in the title. and City jus-LONDON " in Vol. II., Chapter II. of Part III. of this work. The special act under which stipendiary magistrates are ap tices. Jurisdiction of stipendiary pointed usually contains their powers to act alone or otherwise magistrates. in cases; but the following general provisions may be given here: May act alone in indictable offences and summary convictions and orders. 11 & 12 Vict. c. 42, s. 29 (as to indictable offences), and 11 & 12 Vict. c. 43, s. 33 (as to summary convictions and orders), respectively provide, "that every stipendiary magistrate appointed or to be appointed for any city, town, liberty, borough or place, and sitting at a police court or other May do alone all acts requiring two The 21 & 22 Vict. c. 73, contains the following provisions :- ment auxiliary to the jurisdiction of such justices shall 21 & 22 Vict. but not in quarter or special ses. Sect. 2. The authority and jurisdiction given to a stipendiary as well as in magistrate by the enactment herein before contained shall petty sessions; extend and apply as well to the cases where the act or jurisdiction is or hereafter may be expressly required to be done or exercised by justices sitting or acting in petty sessions as to other cases,-and any enactment authorizing or requiring persons to be summoned shall in the like cases authorize or require persons to be summoned or to appear before the stipendiary magistrate having jurisdiction at the police court or other place appointed for his sitting." Sect. 3. "Nothing hereinbefore contained shall extend to acts to be done or jurisdiction to be exercised at the general or quarter sessions of the peace, or to acts or jurisdiction expressly required (by any existing or future law) to be done or exercised at special sessions, or to any act or jurisdiction in relation to the grant or transfer of any licence." Sect. 13 of this act is repealed by s. 1 of 32 & 33 Vict. c. 34, Power of stiand sect. 2 of the latter enacts:-"It shall be lawful for pendiary or any stipendiary magistrate or police magistrate, with the approval of the Secretary of State for the Home Department, to appoint a deputy, who shall have practised as a barrister-at-law for at least seven years, to act for him for any time or times not exceeding six weeks in any consecutive period of twelve calendar months,-and in case of sickness or unavoidable absence, it shall be lawful for such sions. police magistrate to appoint a deputy. 32 & 33 Vict. c. 34, s. 2. Exceptions and provisions of stipendiary magistrate or police magistrate, with the approval of the Secretary of State for the Home Department, on each occasion of this power being exercised, to appoint a deputy, qualified as aforesaid, for any period not exceeding three calendar months at one time,—and every such deputy during the time for which he shall be so appointed shall have all the powers and perform all the duties of the stipendiary magistrate for whom he shall have been so appointed." It would appear from these enactments, coupled with the language of 24 & 25 Vict. c. 75, s. 2 (ante, p. 7), as to the stipendiary's precedence, that the intention of the legislature was that a stipendiary magistrate, when sitting, should constitute the court solely, without reference to any other magistrate who might be present, and that no other justice when present, unless of course at the instance of the stipendiary, should interfere in the determination of cases. The 26 & 27 Vict. c. 97, under which stipendiary magistrates may be appointed in places having 25,000 inhabitants, gives the stipendiary the powers of two or more justices (s. 5). In addition to the above provisions, the acts 11 & 12 Vict. cc. 42, 43, contain the following exceptions to the general rule, -that offences and matters must be inquired of in the county or district in which they arose by justices of that county or district, and that they cannot interfere in cases out of their jurisdiction, which, however, are mostly applicable to indictable offences and to summary convictions and orders (c. 43; offences and by virtue of sects. 3 and 6) 5 within the scope of the latter Jervis's Act as to place of justices exercising jurisdiction relative to indictable summary convictions and orders. statute. . 5 Incorporated Provisions of 11 & 12 Vict. c. 42, with 11 & 12 Vict. c. 43].-By 11 & 12 Vict. c. 43, s. 3 (inter alia), "such of the provisions and enactments contained in the 11 & 12 Vict. c. 42, as to the backing of any warrant, and the indorsement thereon by a justice of the peace or other officer, as are applicable to the provisions of this act, shall extend to all such warrants [to apprehend a defendant], and to all warrants of commitment issued under and by virtue of this act;"-and by s. 6, "such of the provisions and enactments in the act aforesaid [11 & 12 Vict. c. 42], whereby a justice of the peace for one county, &c. may act for the same whilst residing or being in an adjoining county, &c. of which he is also a justice of the peace, or whereby a justice of the peace for any county at large, riding, &c. may act as such within any city, town or precinct next adjoining thereto or surrounded thereby, being a county of itself, or otherwise having exclusive jurisdiction, as are applicable to the provisions of this act, shall be deemed to be incorporated into this act, and to extend to all acts required of or to be performed by justices of the peace under or by virtue of this act, in as full and ample a manner as if the said provisions and enactments [respectively] were here repeated and made parts of this act." This enactment is not controlled by the 35th sect. of the 11 & 12 Vict. c. 43, excepting certain cases from its operation, as will be seen by Note 8, infra. Those exceptional provisions are Justices of adjoining the one for 1. In cases where a justice of the peace for any county, riding, 6 counties, &c. division, 7 liberty, city, borough or place shall be also may act in justice of the peace for a county, riding, division, liberty, the other city, borough or place next adjoining thereto or surrounded in certain thereby, it shall and may be lawful for such justice of the cases. 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 constables, &c. apprehending offenders in one such county, &c. may take them before such justice in the adjoining county, &c., if he be a justice of both (11 & 12 Vict. c. 42, s. 5). [According to the strict meaning of this section justices of adjoining counties, &c. can act only in indictable offences and summary convictions and orders out of the county, &c. to which such matters relate, the repealing section (s. 34) having repealed the 28 Geo. 3, c. 49, which applied to all matters before justices. But 26 & 27 Vict. c. 77, provides (see Note 8) that the 35th section of 11 & 12 Vict. c. 43, which excepted certain matters from its operation, does not control the 6th section (in Note 5), and therefore, in these excepted matters, the provisions in the text apply; but in all other matters not within or mentioned in the provisions of these statutes, 11 & 12 Vict. cc. 42, 43,-such as sureties for the peace, recovery of parochial and other rates, and those numerous proceedings which take place in special sessions,--the jus 6 Meaning the ridings of the county of York. 7 Meaning the divisions of the county of Lincoln; also the district of the Isle of Ely (1 Vict. c. 53, s. 7). 8 The 26 & 27 Vict. c. 77, recites the 6th sect. of 11 & 12 Vict. c. 43, 26 & 27 Vict. as in Note 5, supra; and that by the 35th sect. of the [11 & 12 Vict. c. 43], c. 77. it is provided that nothing in that act contained shall extend to certain cases therein mentioned:" that "it is apprehended that the provisions of the said sixth section of the [11 & 12 Vict. c. 43] are controlled by the thirty-fifth section of the same act, and that justices cannot act under the first mentioned of the said two sections in the cases mentioned in the said thirty-fifth section:" and that "it is expedient that the [11 & 12 Vict. c. 43] should be amended as hereinafter provided:" and enacts-that "the thirty-fifth section of [11 & 12 Vict. c. 43] shall not apply to or control the sixth section of the same act, and such last-mentioned section shall be construed as if the thirty-fifth section were not and never had been contained in the [11 & 12 Vict. c. 43; see Guardians of Bradford Union v. Clerk of the Peace for Wilts, 3 Law Rep., Q. B. 604];-and any acts done or orders made by justices previously to the passing of this act [28th July, 1863], which would have been valid if this act had been passed at the respective dates of such acts being done or orders made, shall be and are hereby declared to be valid accordingly." Justices for a county, &c. may act for it in an adjoining city or place of exclusive jurisdiction. Proviso. Authority in detached parts of counties. tices must act within the county, &c. in which these cases arose or to which they relate, for there is now no law applicable to them in this respect.] 2. That it shall be lawful for any justice or justices of the peace acting for any county at large, or for any 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 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 intents and purposes whatsoever :-provided always, that nothing in this act contained shall extend to give power to the justices of the peace for any county, riding or division, not being also justices for such city, town or other precinct, or not having 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 matter whatsoever (11 & 12 Vict. c. 42, s. 6). [The observations under the preceding paragraph apply here also.] 3. 11 & 12 Vict. c. 42, s. 7, recites, that doubts have arisen whether the powers given to justices by the 2 & 3 Vict. c. 82, 9 are applicable to cases of summary jurisdiction and 9 Jurisdiction in detached Parts of Counties.]-The 2 & 3 Vict. c. 82, s. 1, after reciting that the administration of justice was hindered by the distance of divers detached parts of counties in England and Wales from the body of the counties to which they severally belong, enacted,— "that it shall be lawful for any justice or justices of the peace acting for any county to act as a justice or justices of the peace in all things whatsoever concerning or in anywise relating to any detached part of any other county which is surrounded in whole or in part by the county for which such justice or justices acts or act ;-and that all acts of such justice or justices of the peace, and of any constable or other officer in obedience thereto, shall be as good, and all offenders in such detached part may be committed for trial, tried, convicted and sentenced, and judgment and execution may be had upon them, in like manner as if such detached part were to all intents and purposes part of the county for which such justice or justices acts or act." The doubt arising upon this act was, that it extended only to indictable offences; but the 7 & 8 Vict. c. 61, had before provided for the doubt expressed in the recital of 11 & 12 Vict. c. 42, s. 7, and enacts by s. 1, that every part of any county in England or Wales which is detached from the main body of such county shall be considered, for all purposes, as forming part of that county of which it is considered a part for the purposes of the election of members to serve |