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no part of the Christian world hath the like if the same be duly exercised."
Apart from the case of the city of London and with the addition of those who have been authorized by statute to act as justices by virtue of their office, the justices of the peace in England consist now of such persons as are assigned by the Crown to the commission of the peace. Their names are enrolled in a document prepared by the clerk of the Crown in Chancery, issued by the Crown under the great seal, and setting out the authority conferred upon them. A separate commission is issued for each county or riding of a county, and for each borough entitled thereto, the form of the document for a county differing somewhat from that for a borough.
A new commission of the peace may be issued by the Crown at any time, but is not required even upon a demise of the Crown. The names of newly appointed justices are added to the commission by the clerk of the Crown in Chancery, to whom clerks of the peace in counties and town clerks in boroughs must send a statement in January of each year containing the names of all justices assigned to the commission of the peace for their counties or boroughs who have qualified, and, so far as they know, of those who have died during the preceding year.5
As soon as may be after accepting office and before exercising his powers, a newly appointed justice is required to take the oath of allegiance and judicial oath in accordance with the Promissory Oaths Act, 31 and 32, Vict., c. 63, Sec. 34. Precedence among county justices is determined by seniority according to the order of the names on the commission of the peace.
The tenure of the office is for life, subject to removal for misconduct and the commission being superseded. Formerly a property qualification was required, but now any person who resides within a county or within seven miles
e-Halsbury's Laws of England, Vol. 19, p. 536-37.
of it is eligible as a justice of the peace. In Blackstone, 354, it is said:
"The power, office, and duty, of a justice of the peace depend on his commission, and on the several statutes which have created objects of his jurisdiction. His commission, first empowers him to conserve the peace, and thereby gives him all the power of the ancient conservators of the common law, in suppressing riots and affrays, in taking securities for the peace and in apprehending and committing felons and other inferior criminals. It also empowers any two or more to hear and determine all felonies and other offenses; which is the ground of their jurisdiction at sessions. And as to the powers given to one, two or more justices by the several statutes which from time to time have heaped upon them such an infinite variety of business that few care to undertake, and fewer understand the office, they are such and of so great importance to the public that the country is greatly obliged to any worthy magistrate that, without sinister views of his own, will engage in this troublesome service. And therefore if a well-meaning justice makes any undersigned slip in his practice, great levity and indulgence are shown to him in the courts of law; and there are many statutes made to protect him in the upright discharge of his office; which among other privileges prohibit such justices from being sued for any oversights without notice beforehand, and stop all suits begun, on tender made of sufficient amends. But on the other hand, any malicious or tyrannical abuse of their office is usually severely punished; and all persons who recover a verdict against a justice, for any wilful and malicious injury, are entitled to double costs."
It may be added that justices acting judicially within their jurisdiction are, as any other court of record so discharging its functions, exempt from liability for wrong decisions, want of jurisdiction or an excess of jurisdiction leaves them without this protection. They are defined by Dalton to be "Judges of Record," appointed by the King to be justices within certain limits for the conservation of the peace, and for the execution of divers things comprehended within their commission, and within divers statutes committed to their charge. Their commission nearly the same now as in the reign of Queen Elizabeth reads:
"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 to 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 without) according to the force, form and effect of the same: and to chastise and punish all persons that offend against the form of the ordinance or statutes."
In summary convictions, as well as matters to be done at special and petty sessions, their jurisdiction is wholly given to them by statute.6 The 11 and 12 Vict., c. 42, gives them jurisdiction over indictable offenses, treason, felony or misdemeanor.
The several descriptions of justices of the peace in England are those for counties, ridings, or divisions, borough and city magistrates and stipendiary magistrates, besides the police magistrates of the metropolis and the Lord Mayor, recorder and aldermen of the city of London.7
The law in Canada with respect to the appointment, qualification and official status of justices of the peace follows substantially the English law. The British North America Act, sec. 92, sub-sec. 14, gives the Provincial Legislatures power to pass statutes authorizing the appointment of justices of the peace,8 and Provincial statutes provide accordingly for their appointment under the great seal of the province in which they are appointed. In each province there are several ex officio justices of the peace for every county, including in some provinces by statute judges of the various courts, the statutory authority being but a recognition of the common law authority.
The word "Magistrate" is often popularly used, and correctly according to the relation in which it is used, as synonymous with justice of the peace, but it may apply to superior state officers, even the person in whom the sovereign power of the state is vested.
The office of justice of the peace was brought into the United States by the English colonists, and while justices of the peace in the United States may be said technically to have, as a part of the common law of the different states,
the powers granted such officers by the early English statutes, yet their powers and duties have been so enlarged and so fully denned by statutes of the various states that they are in effect wholly statutory.9 The authority of a justice of the peace in the United States may be said to be limited, as it is in England and Canada10 to that which is expressly conferred by, or is necessarily implied from some statute. In the United States as in England and Canada they have both criminal and civil jurisdiction. The appointment is generally elective in the United States, and the commencement (24 Cyc, p. 411) and the duration of the term of office are fixed by the constitutions of the various states, or by statutes made in pursuance of constitutional authority.
A. J. Mcgillivray.
sR. V. Bennett, 1 Ont. R. 455; « R. V. Carter, 5 Ont. R. 567; CulR. V. Bush, 15 Ont. R. 398. len v. Trimble, L. R. 7 Q. B. 416.
s 24 Cyc. 404.
TODAY AND YESTERDAY.
There was once an old man with a thin face, a long nose and a satirical smile. He overturned kingdoms with a sarcasm and by his reasoning established democracies. Today we call him a philosopher; yesterday they called him "that beast Voltaire." Of course, as today we have reached the utmost height of enlightened reason, our verdict must stand. He is a philosopher and entitled to the utmost attention. When he began to reason, his first position was "Come let us define our terms."
No one will dispute that the term "today" is agreed upon. It means the present instant. Today is the accomplished fact and as it ends tonight we look forward with bright hopes toward tomorrow, desiring to accomplish more then than we have accomplished today. As we enter upon tomorrow can we learn anything from yesterday?
But what do we mean by yesterday? The term is defined for us by the highest authority. I refer to this authority with the utmost confidence, for it is approved by the just voice of all of us, and is, therefore, conclusive. I refuse to take any definition from the Priests of Isis, from Mohammed, from Confucius or from Buddha, for we, in the supreme court of civilization, have reversed their judgments.
This authority to which I appeal for a definition is so well known to all of you that I do not need to give you the citation, and there it is said, "A thousand years are in His sight as but one day."
As lawyers we know, or ought to know, the statutory method of calculating time which has been ordained by the infinite wisdom of the legislature of the State of Missouri. You exclude the first day and include the last. Therefore,