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THE FIRST VOLUME.

BOOK I, OF THE OFFICES IN GENERAL, 1, 331.

CHAP. L. OF JUSTICES OF PEACE IN GENERAL, 1, 60.

1, KEEPERS OF THE PEACE, 1, 5;

By office, 2; by prescription, ib; by charter, 4;

courts, ib; magistrates, ib.

2, DEFINITION OF JUSTICES OF THE PEACE, 5,7.;

Commissioners, 5; justices, ib; judges of record, 6;

of peace, ib.

3. HISTORY OF THE OFFICE, 7, 16.

Whence derived, 7; ancient keepers of the peace, ib;

act 1609, c. 7, ib; hereditary jurisdictions, ib; their

evils, 8; introduction of this magistracy into Eng-

land, 9; its progress in Scotland, 10; 1617, c. 8,

the first general code on this subject, ib; 1633, c. 25,

11; Oliver Cromwell's instructions, ib; act 1661,

c. 38, 12; appointment of justices and constables in

each shire, ib; act 1685, c. 16, ib; act 1690, c. 28,

13; articles of the union, ib; queen Anne's pro-

clamation, ib: Anne, c. 6, gives them the power of
English justices, touching the peace, 14; how this
enlarged their powers, ib.

4, COMMISSION OF THE PEACE, 16, 30;

First assignment of justices by statute, 16; reform-

ation of the commission, ib: explanation of it, 17;

salutation, ib; why in the king's name, ib; by the

grace of God, ib; of the united kingdom, &c. 19;

king, 21; emperor, 22; general nomination, 23;

how addressed, ib; why in the plural, 24; first as-

signment, ib; second assignment, 26; subscription

clause, 30.

§. 5, QUALIFICATION OF JUSTICES OF PEACE, 30, 32.

6, OATHS TO BE TAKEN BY JUSTICES, 32, 39.

Writ of dedimus potestatem, 33; oath of allegiance,

34; assurance, 35; abjuration, 36; supremacy, 37;

If taken only once, 38.

7, QUORUM OF JUSTICES, 39.

8, PAYMENT OF THE JUSTICES, 39, 40.

What justices, 39; when punishable by fine for non-

attendance, 39; expence incurred in extra-sessional

business, 40.

9, EXPIRATION OF THE OFFICE, 40, 45.

10, OFFICERS OF THE JUSTICES, 41.

Clerk, 41; must he be a notary, ib; duty of the

clerk, 42; collector, 44; procurators before the jus

tices, 44; constables, 45.

11, DIVISION OF COUNTIES INTO DISTRICTS, 45.

Persons living out of the district, 45; officers for the

district, ib.

12, CAN JUSTICES ACT WITHIN LIBERTIES, 46.

13, CAN THEY ACT BEYOND THEIR JURISDICTION,
47, 50.

Ministerial acts, 48: compulsitory jurisdiction, 50;

statute 28 George III. c. 49; two adjoining counties,

49; execution of a warrant so granted, ib; 24 Geo.

II. c. 55, as to indorsation of warrants, 50; terms of
the warrant, ib; tenants fraudulently removing their
goods, ib; levying distress, by 33 Geo. III. c. 55. ib,

14, CANA JUSTICE OF PEACE ACT IN WHAT RELATES

TO HIMSELF? 51.

16. Geo. II. c. 18. 51. Exception, 52.

15. JUSTICES OF THE PEACE WHEN PUNISHABLE

53. 60.

Lenity towards them, 55.

CHAP. II. OF THE SESSIONS OF THE PEACE. 61, 102.

§. 1. THEIR CONSTITUTION AND POWERS IN GEN-

ERAL, 61, 74.

Court of Record, 62; how many constitute a sessions,

64; one of the quorum, ib.; for execution of their

general duty, ib. ; quarter sessions, 65; times of meet-
ing, ib.; if no quorum, ib; general quarter sessions,
ib.; special sessions, ib. ; place of meeting, 66; mode
of calling a session, ib.; convener, ib.; at what time
is it unlawful for the sessions to meet, 67; payment
of the justices, ib.; freedom of access to the sessions,
ib.; the sessions if equally divided, 73; can they re-
fer? ib.; taking of proofs, 74; justices if punishable
for what is done in sessions, ib.; what officers attend,
ib.

2, ORDER OF BUSINESS, 75, 17.

3, PROSECUTORS, 77, 85.

Private prosecutors, 77; special interest, ib.; who

cannot pursue? 78; outlaws? ib.; persons excom-

municated? ib. ; infamous ? ib. ; minor in service? 79;

different pursuers in one summons? 80; more than one

defender? ib.; one defender's evidence necessary to

the other? 81; transference of actions, 82; what

actions may be taken up by the executor? ib. ; litis

contestation, 84; do penal actions pass to represent-

atives, 83-4; unlawful kindred, 84.

4. INSTANCE AND CONCOURSE OF THE PROCURA-

TOR FISCAL, 85, 88.

In what actions necessary, 85; if the concourse be re-

fused what is the remedy? ib.; concourse of the fiscal

to two opposite libels ib.; if one of two pursuers

withdraw his instance, 87; if the procurator fiscal

withdraw his concourse? ib.; absolvitor from a crimi-

nal action at the instance of the fiscal, ib. ; does it pre-

vent an action of damages? ib.; public prosecutor's

privileges, 88.

§. 5. DEFENDERS, 88, 92.

Nobleman, 88; tutor or husband when parties, 89; in-

sane persons, ib ; transference of actions, ib; actions rei

persecutoriæ, 90; penal, ib.; criminal. 92.

6. FORUM, 93, 102.

Jurisdiction, 93; citation, ib. ; domicile, ib. ; houses

in two jurisdictions, 94; travelling merchant, ib.;

soldier, &c. ib. ; offences committed out of the juris-

diction where the offender resides? 95; out of the

kingdom, 96; forum deprehensionis, 100; delicti, 101;

originis, 102.

CHAP. III. JURISDICTION OF THE SESSIONS, 103, 114.

§. 1, JURISDICTION OF THE SESSIONS HOW DIFFER-

ENT FROM JUDGES ORDINARY, 103.

2, NATURAL LIMITATION OF THEIR JURISDIC-

TION, 103, 105.

3, INSTANCE OF A LIBERAL CONSTRUCTION OF

THEIR POWERS, 105, 107.

Servants wages, 105; English cases, ib. wages

craftsmen, 106; rates of posting, 107.

of

4, THEIR JURISDICTION STRICTLY INTERPRET-

ED, 107, 114.

Shooting pigeons, 107; refusal to proclaim banns,

ib. scandal, 109; illegal seizure by officers of revenue,

110; civil causes, 113; prorogation, ib.

CHAP. IV, OF THE CIVIL JURISDICTION OF THE SESSIONS

UNDER THE SMALL DEBT ACTS, 115, 145.

§. 1, SUMMARY MODE OF DECIDING SMALL CAUSES,
115, 118.

Tribunaux de conciliation, 116; baronial courts, 117;

2, CONSUETUDINARY JURISDICTION, 118, 120.

3, 35. GEO. III. THE FIRST SMALL DEBT ACT, 120.

4, GEO. III, 39, & 40. c. 46. THE SMALL DEBT ACT, 120.

Preamble, 121; obligation on justices to give regular

attendance, 122; equity and a good conscience, mean-

ing of those terms, 124; discretion, in what sense it

belongs to judges, 125; no latitude to go beyond any

cause in deciding it, ib. what sort of causes do not

fall under the small debt act, 127; form of the libel,

132; citation, 133; de novo, ib. oath, caution to be

observed in allowing parties to swear, 135; no man

of business to appear, 136; no evidence or pleadings

in writing, ib. who subscribes the decree, 139; warrant

for arresting and poinding, 139; instalments, 140;

how far is the decree reviewable, 141; beneficial effects

of the act, 145.

CHAP. V. CRIMINAL JURISDICTION OF THE SESSIONS, 146, 214.

§. 1, FOUNDATION AND LIMITATION OF THEIR JURIS-

DICTION, 146, 151.

In England, 146; in Scotland, ib. why more limited

in Scotland than in England, 147; why the Scottish

sessions never employ juries, 148; 6. Ann. c. 6.

149; can the sessions try any offence which requires

a jury trial, ib; &c.

2, JURY TRIAL WHEN NECESSARY, 151, 161.

History of jury trial in Scotland, 115; of old

usual in civil causes, ib. when first disused therein,

125; farther alterations of the ancient law, 159; in

the case of heinous offences, though the conclusion

of the action be only for pecuniary reparation,

160.

3, OFFENCES COGNISABLE BY THE SESSIONS OF THE

PEACE, 161, 171.

1st, Disturbances in court, or offences against the

judges, 161; offences committed by the officers of

court, 163; 2d, offences of which they have cognis-

ance by the general acts, ib; 3d, consuetudinary jurisdic

tion in petty delinquencies, 164; pickery, ib. thefts

committed by a servant against his master, ib. origin

of jurisdiction in petty offences, 165.