Choice presidents upon all Acts of Parliament relating to the office and duty of a justice of peace. With necessary notes and instructions thereupon taken out of the said Acts of Parliament, and other particular cases in law adjudg'd therein. As also a more useful method of making up Court-Rolls than hath been hitherto known or published in print. By Rich. Kilburne, Esq; late one of His Majestie's Justices of the Peace for the county of Kent, and principal of Staple-Inn.

Law-Cases relating to the fore∣going Subject.

IF the Warrant be to bring before him, or* 1.1 any other Justice, it is at the election of the Officer, to which Justice he will go.

A Warrant may be made to bring before a* 1.2 particular Justice.

Justices not imprison, but in the Common Gaol.

One Justice of the Peace connot commit* 1.3 canother Justice for breach of the Peace.

Sessions of the Peace may.

If a Justice pursue not the Statute, there* 1.4 his Act is void: But if he pursue it, then nei∣ther B. R. nor Justices of the Peace can dis∣charge him.

Apprentice.

* 1.5

Must be bound out by Indenture.

Master cannot send Apprentice beyond the Sea (except go with him:) But may send him to any place in England.

Action of account is not maintainable against an Apprentice.

By custom of London a man may turn over his Apprentice to any other within the City.

Action lies by Master for inticing an Ap∣prentice

to depart from his Service, so if in∣tice* 1.6 to take money, or play.

Bastard-child.

If the two next Justices make not provision* 1.7 for Bastard, the Sessions must settle it, as the two Justices ought to have done.

Sessions cannot originally make order to* 1.8 keep Bastard, but it ought to be made by the two next Justices to the place where the Child was born.

Maintenance of Bastard by Mother and re∣puted* 1.9 Father is by these modern Laws of 18 Eliz. cap. 3. and 7 Iac. cap. 6. the former Laws were onely for punishment.

Not questioned for having one Bastard.* 1.10 Then she had another, she is not to be pro∣ceeded against by 7 Iac. (as for a second Offence.)

The two next Justices are not to commit* 1.11 for not obeying their Order, but to take bond for their appearance at Sessions.

Neither Sessions nor Assizes can meddle touching Bastardy, but upon Appeal: (other∣wise the two Justices must order.)

If two Justices make an Order, if Party re∣fuse to perform, or enter into bond to appear at the next Sessions, they may commit him without Bail.

If (by practice and design) a Child be born in a Parish, the Parish where the practice was, shall keep the Child.

Bound to pay 20 d. per week for keeping a Bastard, Defendant cannot plead that there was no Order made.

Behaviour.

Justice cannot bind to Good behaviour up∣on* 1.12 a general information, or commit him for not finding Sureties upon such information.

May break house upon warrant for the Good behaviour.

If Justice (for want of Sureties for Good behaviour) commit (without good cause) false imprisonment.

To say of a Major, he is a Fool, breach of Good behaviour.

So to threaten Witnesses.

Conventicles.

These are against the Statute of 16 Car. 2. Vide the Statute.

House of Correction.

If delivered of a Child in the House of Cor∣rection,* 1.13 the Child must be sent to the Parish, from which the Mother was sent.

A Rogue must not be sent to the House of* 1.14 Correction, but whipped, and sent to the place where last setled (if known) else to the place of birth. But the House of Correction is for the Poor of the Parish that refuse to work.

Deer.

Heir shall have them in the Park, and not* 1.15 Executor.

Waste cannot be assigned for killing Deer, except he kill them all.

Drunkenness.

If twice drunk, and convicted, bound to* 1.16 Good behaviour.

Drunkard may be punished in Ecclesiastical Court, or by justice of Peace.

Being a Drunkard, cause to remove a Ma∣gistrate.

Gaol.

Every County hath two Gaols, one for Debt,* 1.17 which may be in any house where the Sheriff will. The other is for the Peace, and matters of the Crown, which is the County Gaol.

Gaoler shall be answerable for Escapes, and* 1.18 if not sufficient, respondet superior.

If Gaol broken by Thieves, Gaoler is char∣geable, (otherwise if by Enemies.)

High-way.

* 1.19

If inclose part of the High-way, must main∣tain it (though the Parish did it before.)

To stop one way (which was foul) and lay out another (without publick Authority) not justifiable.

Cannot lay Logs in the High-way, though there is sufficient room for Passengers be∣side it.

* 1.20 Justice may upon his view present want of repair of High-way, and before the Fine can be taken off, the presented must certify the Amendment.

Action for stopping or incroaching upon High-way, not maintainable without particular damage, for the usual way is by Indictment.

If to repair the High-way, ratione tenurae, it* 1.21 need not be prescribed, but ratione residentiae must.

Indictment in High-way ad nocumentum pro∣pe inhabitantium (naught) it should have been* 1.22 omnium ibidem transeuntium.

Huy and Cry.

Statutes of 13 Edw. 1. and 27 Eliz. are con∣cerning it.

The Party robbed ought to give convenient* 1.23 notice so soon as he can.

Though know the Robber, yet shall have* 1.24 Action against the Hundred, by 13 Edw. 1.

The Party robbed is not bound to lend his Horse to pursue the Thief, nor is he bound to goe and pursue the Thief presently.

Robbery after day-break, and before Sun∣rising* 1.25 (Hundred must answer,) so that after Sun-set, and before it is dark.

Oath of a Robbery before a Justice of the* 1.26 County, though taken out of the County, good.

Poor.

Assessment for them ought to be made ac∣cording* 1.27 to the visible Estates of the Inhabi∣tants there (both real and personal.) But not for any Estate they have elsewhere. The Occupiers of the Lands (and not the Land∣lords) are to be taxed.

The Grand-mother (being of ability) had* 1.28 a poor Grand-child reliev'd by the Parish, who marrieth; her Husband is liable towards kee∣ping the Child, for that his Wife was of abili∣ty when he married her: otherwise if she had

not been of ability. And the Sessions must order what he shall contribute towards the charge.

Peace.

1000 li. bond may be required for the* 1.29 Peace, (as the case may stand) viz. if the Person be dangerous.

If he which is bound to the Peace break his* 1.30 Recognizance, he may be indicted for it, for it is a new Offence.

Bound to the Peace upon malice, or for* 1.31 vexation, may be discharged by the King's Bench.

Justice may take money to lie in deposito for* 1.32 security of the Peace, and if break the Peace, the money to be forfeited to the King.

Two Justices (though neither of the Quo∣rum)* 1.33 may inquire of unlawfull Assemblies, though they cannot determine the same.

Rogue.

Is not to be sent to the House of Correction,* 1.34 but to be whipped, and sent where last settled (if known,) otherwise to the place of his birth. But the House of Correction is pro∣perly for those that will not work.

If Inhabitants of the County goe with* 1.35 Wares to sell at Houses in that County, they are Rogues.

Riot.

Fine upon Riotors cannot be less than 10 li.* 1.36 for the principal, and four marks a-piece for the rest.

Information against two Justices for not in∣quiring* 1.37 of a Riot, found against one of them (good.)

Stage-players may be indicted for Riot, and* 1.38 unlawfull Assemblies.

Souldiers.

If Souldiers prest to serve the King, de∣part* 1.39 out of the service, it is Felony by 7 Hen. 7. 3 Hen. 8. and 2 Edw. 6.

The Captain is he who is to command,* 1.40 and the Conducter is he who is hired to guide the Souldiers in the way to their Captain, and departing from him is Felony.

Justices of the Peace may try the Offence at their Sessions, and so may Justices of Oyer and Terminer.

Notes

• * 1.1

  Co•…•…. Rep. 5. fol. 59.
• * 1.2

  Foster's cas. Ibid. Cok. Rep. 9. fol. 119. b. In Lord Samhur's case. 2. Brown. 41. Legate's case.
• * 1.3

  Ienkins 174.
• * 1.4

  Iones 170. Cole's case.
• * 1.5

  3. Bulstrode 164. Brown's ca. 1. Brownl. 67. Coven∣try. Goldsbo∣rough 161. March. 3. Noy 105.
• * 1.6

  Richmond.
• * 1.7

  Iones 330.
• * 1.8

  Style 475. Denton.
• * 1.9

  Ienkin. 47. pl. 90.
• * 1.10

  2. Bulstrode 398.
• * 1.11

  2. Bulstrode 342. Thekins and Smith. 2. Bulstrode 393. Bowler's case. 2. Bulstrode 341. 2. Bulstrode 341. Twyning. Noy 79. Iermin.
• * 1.12

  Style 16. Bronker's case. Moore 606. numb. 837. 3. Croke 680. Dean's case. 3. Croke 78. Latch. 5.
• * 1.13

  2. Bul∣strode 358.
• * 1.14

  2. Bul∣strode 358.
• * 1.15

  Owen 20. Greg. 2. Leonard 222.
• * 1.16

  Ienkins 173. Godbold 514. Rolle 409. Tayler.
• * 1.17

  Latch. 16.
• * 1.18

  Cok. Rep. 9. fol. 96. b. in Reynes. 3. Cr. 815.
• * 1.19

  1. Cr. 366. Sir Edw. Duncomb. 1. Crooke 266. Popham 142. Earl of Northum∣berland's case.
• * 1.20

  Style 130. Moore 180. Cok. Rep. 9. fol. 33. a. William's case.
• * 1.21

  Keilway 53 a. pl. 4.
• * 1.22

  Rolle 406. The King and Horn∣sey.
• * 1.23

  Noy 155.
• * 1.24

  March 10. pl. 18.
• * 1.25

  2. Crooke 106.
• * 1.26

  1. Crooke 211.
• * 1.27

  Ienk. 327. pl. 49.
• * 1.28

  Style 283.
• * 1.29

  Style 322.
• * 1.30

  Style 369.
• * 1.31

  Style 364.
• * 1.32

  1. Croke 446.
• * 1.33

  2. Leonard 184. pl. 223.
• * 1.34

  2. Bul∣strode 358.
• * 1.35

  Ienkins 318.
• * 1.36

  Style 303.
• * 1.37

  Style 245.
• * 1.38

  Rolle 109.
• * 1.39

  2. Anderson 151.
• * 1.40

  1. Croke 71. Hutton 134.