By more recent statutes, instead of committing for trial, justices may summarily convict (unless the accused prefers to be tried by a jury) in trifling cases of larceny, or where the offenders are under six teen. (See 10 & 11 Viet. c. 82 ; 18 & 19 Viet. c. 126; 19 & 20 Viet. c. 118 ; and Blackstone's ' Commentaries,' by Kerr, vol. iv., p. 333.) Justices may also. issue warrants to apprehend parties against whom indictments have been already found, and without further inquiry commit them for trial or admit them to bail, or, if already in prison, may order their detention.
The II & 12 Viet. c. 43, relating to summary convictions, empowers the justices to issue a summons ; or, for any offence punishable on conviction, they may issue a warrant (founded on an information on mall is the kit Inatanee. If s 111131111011• be lowed in the find instance as1 this is the paws! mode of proweslingl, and it ie not obeyed, the way ether imam a warrant or premed es perk. When, how. ever, the apphcation for any order of justices is by law to be made es pare, three is no necessity for Issuing any summons. In oases of coo. plaints upos winch the juirtioss may make an ceder for payment of or otherwise, it le not weemary that the complaint should be There Is similar power to compel the attendance of win see... as Is caws of indictable offences Every complaint and interna t.°o is heard and determined by ooe or more justices (unto.. any particular Act requires more than one) in open wmt, and both partied nay appear by eouneel or attorney. General forma of cooeictions and enters are given, to prevent the numerous teelusiod objection. to which tiler were previously often open. The convictions or orders may bomb:wed by dletreee, or imprisonment in default (see also 21 & 22 `'set. e, 73, a. 5), or, in the first instance, according to the nature and eirournetsaces of the owe and the special provisions relating to it. The justices hare also general powers to award costs, which are also recove-rablor by distsms and imprisonment in default.
in matters relating to the revenue, or to the poor, and to certain' other things. the special provision. of the statutes on those subjects are to be followed by the justice..
In cases of summary convictions and orders, parties dissatisfied with the decision of justices in point of la* may require them to state a caw for the opinion of any one of the three superior courts of common law (20 t 21 Viet c. IS); and this power is very extensively acted upon.
Power has been expressly given to justices to direct the prosecution for perjury of witnewes before them. (14 & 15 Viet c. 100, a. le.) Juetscee of the peke have in general no authority over matters arising out of the county or place for which they are appointed, and therefore their warrants can in general only be executed by appro. hooding the offender within the jurisdiction of the justice, except in ewe of fresh 'commit," at any place within seven miles of the border.
Tint when the person is cot found, or has escaped, any justice of the county where he Is supposed to be, may give effect to the original warrant by an indorsement authoriaing its execution within his own jurisiction. This, which is termed backing the warrant," is done upon proof of the handwriting of the justice who issued it; and the person, when spprehendel, is then taken before the justice who issued the warrant, unless the prosecutor or any of the witnesses, may be in the county where the apprehension takes place, in which case the examinations may proceed there. This power to back warrant., is not coafintei to the case of counties, but English warrants may be backed In Ireland, Scotland, or the Isle of Man and Channel Islands (see 14 & 15 Viet c. 55,a Is), and rice reed.
In the case of Indictable offence' committed on the high seas or abroad, warrants may be issued by justices of the county or place where the offender may be.
So, although justices of the peace when they are out of the county, to., for which they are appointed have in general no coercive power, yet where a justice is also a justice for an adjeiciing county he may act for and deal with offenders in one county while in the other. So, also, a justice for a county may act in any city, town, or precinct within oriloining to it ; and there are similar provisions with respect to parte of counties. The powers of metropolitan police magis trates and of stipendiary magistrates are regulated by special statutes and provisions.
Justices ought not to exercise their functions In cases In which they are the:melee" the persons Injured. They should cause the offenders to he taken before other justices, or, if present, should desire their aid. When junk« refuse to hear a complaint over which they have jurisdiction, or to perform any other duty which the law impoece on them the (arty aggrieved by inch refusal may apply to the court of Qacon's Much for a rule (founded upon an affidavit of the facts) calling upon the justice and the parties interested to show cause why the act required (11 t 12 Vico. e. 44,a 5) should not he done. This Is a more expeditious and cheaper mode of proceeding than the former by ; moreover, the enter of the court to do any act, protect. the juotiee, which a mandamus did not. [liaxnaues.] Juetkee of the pence are strongly protected by the law in the execu tion of their of Opprobrious words which would not subject the roweling, civil or criminal, If uttered under other , yet if apokon of a justice, whilst actually engaged in his onicial duties may be made the subject of an action or of an indict ment, or if spoken in the presence of the justice may be punished by commitment to prison as for a contempt of court.