III. Of the pleadings before justices of the peace.

By the same statute, in all civil actions triable before a justice of the peace, except such actions of trespass wherein the defendant means to avail himself, by pleading the title of himself or any other person, under whom he claims in justification of the trespass or trespasses alleged to be committed on real estate, the defendant shall be entitled to all evidence under the general issue, which by law he might avail himself of under any special plea in excuse or justification; any law, usage or custom to the contrary notwithstanding. (4)

IV. Of the general power and jurisdiction of justices of the peace in criminal cases.

Ibid. s. 7.

Stat. 1783, c. 51, s. 1.

Assaults and batteries.

Affrayers, etc.

By statute it is enacted, that it shall be within the power, and be the duty of every justice of the peace within his county, to punish by such fine as is by the statute law of the commonwealth provided, all assaults and batteries that are not of a high and aggravated nature, and to cause to be stayed and arrested all affrayers, rioters, disturbers and breakers of the peace, and to bind them by recognizance, to appear at the next supreme judicial court, or court of general sessions of the peace, and for their appears (5) to be held within or for the same county, at the ance at a higher discretion of the justice; and also to require such persons to find sureties for their keeping the peace, and being of good behaviour until the sitting of the court

The offenders to be bound to the peace,

court.

they are to appear before, and to commit such persons as shall refuse so to recognize and find such surety or on refusal to find sureties. (6)

(4) Proceedings before justices of the peace where the title of real estate is brought into question, will be noticed under the titles of TRESPASS and REPLEVIN.

(5) By a late statute, the party must recognize to appear at the common pleas.

(6) When one is brought before a justice of the peace, on artieles of the peace exhibited against him, the justice, if satisfied

sureties, the offender to be committed.

Ibid.

Homicides, treasons and felonies.

Their power to hold

ders.

:

And the said justices of the peace shall examine into all homicides, murders, treasons, and felonies done and committed in their counties, and commit to prison all persons guilty or suspected to be guilty of manslaughter, murder, treason, or other capital offence and to hold to to bail certain offen bail all persons guilty, or suspected to be guilty of lesser offences, which are not cognizable by a justice of the peace, and require sureties for the good behaviour of dangerous and disorderly persons; and shall take cognizance of, or examine into all other crimes, matters and offences, which by particular laws are put within their jurisdiction.

To bind to the good behaviour.

Cognizance of ertain offences.

Stat. 1794, c. 25.

To stay all affray crs.

rioters, etc.

Such as go offensively armed.

Assault.

So every justice of the peace, within the county for which he may be commissioned, may cause to be staid and arrested, all affrayers, rioters, disturbers or breakers of the peace, and such as shall ride or go armed offensively, to the fear or terror of the good citizens of this commonwealth, or such otl:ers as may utter any menaces or threatening speeches, and upon view of such justice, confession of the delinquent, or other legal conviction of any such offence, shall require of the offender to find sureties for his keeping the peace, and being of the good behaviour; and in want thereof to commit him to prison, until he shall comply with such requisition: and may further punish the breach of the peace in any person who shall assault or strike another, by fine to the common

that there is ground for further proceedings, is to order him to recognize for his appearance at the next court of common pleas, and in the mean time to keep the peace towards all the citizens, and especially towards the complainant. For where in such case, the justice required the respondent to find sureties for his keeping the peace for two years, and on refusing such sureties, committed him, the S. J. C. decided, that such commitment was illegal, and discharged the prisoner.

Commonwealth v. Ward, 4 Mass. Rep. 497. So a mittimus from a justice of the peace ought to recite the complaint on which it is founded.

Ibid.

wealth, not exceeding twenty shillings, and require sureties, as aforesaid, to bind the offender, to appear and answer for his offence at the next court of general sessions of the peace,(7) as the nature or circumstances of the case may require. (8)

Fine:

Stat. 1783, c. 51, s. 24

s. 3.

If present at a breach of the peace, may

command the offen

ders to be brought

before him.

So any justice of the peace, for the preservation thereof, or upon view of the breach thereof, or upon view of any and Stat. 1795, c. 68, other transgression of law, proper to his cognizance, done or committed by any person or persons whatever, shall have authority to command the sheriff, or constable, and (in the absence of the sheriff, deputy sheriff, or constable,) to require any person or persons, to apprehend and bring before him such offender or offenders; and every person so required, who shall refuse or neglect to obey the said justice, shall be punished in the same manner as for refusing or neglecting to assist any sheriff, deputy sheriff, or constable, in the execution of his office as aforesaid. And no person who shall refuse or neglect to obey such justice, to whom he shall be known, or declare himself to be a justice of the peace, shall be admitted to plead excuse on any pretence of ignorance of his office.

V. Of the power of justices of the peace relative to offenders charged with having committed crimes in another state.

By statute it is enacted, that when any person stands charged with the commission of any crime, in any other of the United States, and shall escape into this commonwealth, it shall be lawful for any justice of the peace, in any county where the offender may be, upon application

(7) The offender must now be recognized to the common pleas instead of the sessions.

(8) A recognizance for keeping the peace should be taken re turnable to the next court of common pleas: and when taken on a charge of a bailable offence should be made returnable to the next court having jurisdiction of the offence.

Commonwealth v. Ward, 4 Mass. Rep. 497.

Stat. 1782, c. 31, s. 1.

May grant a warrant

May commit the of

made for that purpose, to apprehend such offender by warrant, and cause him to be brought before himself, or against such offender. some other justice of the peace of the county for examination; and it shall be lawful for any justice, upon such examination, (if he shall think proper,) to commit such fender or send him to offender to gaol, or send him, by warrant, to the confines of the state where the offence was committed, if an adjoining one, and there deliver him to a proper officer; or if the offence was committed in a more distant state, to some officer in an adjoining one, if there be any empowered to receive, and convey him to such more distant state, in order for trial.

the confines of the adjoining state.

May grant warrants

for conveying of

ders apprehended in another state, through

this state.

How such warrants

by what officers.

And when any offender shall be apprehended in another state, and it may be necessary to carry him through this commonwealth, in order to his being conveyed to the state where the offence was committed, it shall be lawful for any justice of the peace in any county, when applied to, to order such offender to be so carried by warrant; and all warrants for sending offenders to the confines of, or for carrying them through this commonwealth as aforesaid, may be directed to, and shall be exe

shall be executed, and cuted by, the sheriffs or their deputies, of the several counties through which it may be necessary to send or carry the offender, or to any or either of the constables of the several towns in such counties respectively: all which officers shall be directed to proceed with such offender or offenders, to the confines of the next adjoining county, and there deliver him or them to some proper officer of such county; which process shall be repeated and continued, until such offender or offenders' shall have been carried through this commonwealth, and conveyed to the next adjoining state.

VI. Proceedings by which to recover the contents of a judgment rendered by a justice since deceased.

By statute it is enacted, that each justice of the peace Sat, 1:81, 42, 5. 3. shall keep a fair record of all his proceedings; and when

cords of their pro

any justice of the peace shall die before a judgment Justices to keep regiven by him is paid and satisfied, it shall be in the power ceedings. of any justice of the peace in the same county, to grant on the death of one justice, another may a scire facias upon the same judgment, to the party grant scire facias against whom such judgment was rendered up, for him to shew cause, if any he hath, why execution should not be issued against him.

upon a judgment renjustice.

dered by the deceased

Ibid.

Judgment on such

And although the cost and debt awarded by the deceased justice, when added together, shall amount to more than eighty shillings, it shall be no bar upon such scire facias. scire facias, but judgment shall be given thereupon for the whole debt and cost, together with the cost arising upon the scire facias: Provided always, that either party may appeal from the judgment as in other personal actions, where judgment is given by a justice of the peace.

Appeal.

Ibid.

Sommons to the per son possessed of the record of such de

And every justice of the peace who shall have complaint made to him, that a judgment given by a justice of the same county, then deceased, remains unsatisfied, shall issue his summons to the person in whose posses- ceased justice. sion the record of the same judgment is, directing him to bring and to produce to him the same record; and if such person shall contemptuously refuse to produce the such person refuses same record, or shall refuse to be examined respecting the same upon oath, the justice may punish the contempt by imprisonment, until he shall produce the same, or until he submits to be examined as aforesaid.

Proceeding in case

to produce the record.

Ibid.

Such record to be

original delivered

And when the justice is possessed of such record, he shall transcribe the same upon his own book of records, before he shall issue his scire facias, and shall deliver the transcribed, and the original back to the person who shall have produced it, back. and a copy of such transcription, attested by the transcribing justice, shall be allowed in evidence in all cases cribed record, allowa where an authenticated copy of the original might be received.

VII. Duty of justices of the peace to account for fines by them received, and the penalty for neglect of such duty.

VOL. III.

A copy of such trans

ble in evidence.