Justices of the peace are to hold their sessions four times in the year, viz. the first week after Michaelmas, the Epipha ny, Easter, and St. Thomas. They are justices of record, for none but justices of record can take a recognizance of the peace. Every justice of the peace has a separate power, and may do all acts concerning his office apart and by himself; and even may commit a fellow justice upon treason, felony, or breach of the peace. By several statutes, justices may act in many cases where their com mission does not reach ; the statutes themselves being a sufficient commission.
Justices of the peace are authorized to do all things appertaining to their office, so the as they relate to the laws for the relief, maintenance, and settlement of the poor ; for passing and punishing va grants; for repair of the highways, or to any other law s concerning parochial taxes,' levies, or rates : notwithstanding they are rated or chargeable with the rates, within any place affected by such their acts. Provided that this shall not empower any justice for any county at large, to act in the determination of any appeal to the quarter sessions of such county, from any order, matter, or thing', relating to any such parish, township, or place, where such justice is so charged or chargeable, 16 Ceo. II. c. 18 The power of justices is ministerial, when they are commanded to do any thing by a supe rior authority, as the court of Banco Re , &c. is Etc In all other cases they act as ,fudges; but they must proceed accord ing to their commission, &c. Where a statute requires an act to be done by two justices, it is an established rule, that if the act be of a judicial nature, or the re sult of discretion, the two justices must be present, to concur and join in it, other wise it tri. be void : as in the orders of removal and filiation, the appointment of overseers, and the allowance of the in denture of a parish apprentice ; but where the act is merely ministerial, they may act separately, as in the allowance of a poor-rate. This is the only act of two justices which has been construed to be ministerial ; and the propriety of this con struction has been justly questioned.
Where a justice shall exceed his au thority in granting a warrant, the officer must execute it, and he is indemnified for so doing ; but if it be in a case wherein he has no jurisdiction, or in a matter whereof he has no cognizance, the officer ought not to execute such warrant ; for the officer is bound to take notice of the authority and jurisdiction of the justice.
If a justice of the peace will not, on com plaint to him made, execute his office, or if he shall misbehave in his office, the party grieved may move the Court of King's Bench for an information, and al: terwards may apply to the Court of Chan cery to put him out of the commission. But the most usual way of compelling justices to execute their office, in any case, is by writ of mandamus out of the Court of King's Bench.
Where the plaintiff in an action against a justice, shall obtain a verdict, and the judge shall in open court certify on the back of the record, that the injury for which such action was brought was wil fully and maliciously committed, the plain tiff shall have double costs. And if a jus tice of peace act improperly, knowingly, information shall be granted. No justice shall be liable to be punished both ways, that is, criminally and civilly ; but before the court will grant an information, they will require the party to relinquish his civil action, if any such be commenced. And even in the case of an indictment, and though the indictment be actually found, the Attorney-General, on applica tion made to him, will grant a noli prosepi upon such indictment, if it appear to him that the prosecutor is determined to carry on a civil action at the same time.
If any action shall be brought against a justice for any thing done by virtue of his i office, he may plead the general issue, and give the special matter in evidence ; and if he recover, he shall have double costs. Such action shall not be laid but in the county where the fact was com mitted. And no suit shall be commenced againit a justice of the peace till after one month's notice. And unless it is proved upon the trial that such notice was given, the justice shall have a verdict and costs. And no action shall be- brought against any constable or other officer, or any per son acting by his order and in his aid, for any thing done in obedience to the war rant of a justice, till demand hath been made, or left at the usual place of his abode, by the party or by his attorney, in writing, signed by the party demanding the same, of the perusal and copy of such warrant, and the same has been refused or neglected for six days after such de mand. And no action shall be brought. against any justice, for any thing done in the execution of his office, unless com menced within six months after the act committed.