To be registered. Receiving ment. sacrament of the Lord's Supper, or in the "elements of bread and wine, at, or after, "the consecration thereof by any person "whatever." This declaration is to be subscribed by the Justice qualifying, at the same time that he takes the oaths, and the like register is to be kept of it.* The last test, which is imposed on the Justhe Sacra- tice qualifying, respects also his conformity, and requires that, within six months after admittance into, or receiving of, his office, he shall receive the sacrament of the Lord's Supper, according to the usage of the Church of England in some public church, upon some Lord's day, immediately after divine service and sermon; a certificate of which under the hands of the Minister and Church wardens, he shall first deliver to the Court where he takes the oaths, and make proof of the truth thereof by two witnesses on oath, all of which must also be put on record. And every such take the oaths or person that shall neglect to the sacrament, as aforesaid, and after such neglect shall execute his office, and being thereupon convicted, upon information, presentment, or indictment, in any of the king's courts at Westminster, or at the assizes, such person shall be disabled to sue any action or information in course of law, or to prosecute * 25. Car. 2. c. 2. any suit in equity, or to be guardian of any child, or executor or administrator of any person, or capable of any legacy or deed of gift, or to bear any office, or to vote at any election for members of parliament, and shall forfeit £500. to be recovered by him that shall sue for the same in any of his Majesty's courts at Westminster*. 66 Form of the Certificate, "We the minister and church-wardens of the in the county of parish of aforesaid, im "do hereby certify, that on Sunday the- It is to be observed, however that an act occasionally passes, whereby persons, who have omitted to qualify themselves in due time, are indemnified, provided they qualify themselves within a time in such act limited, and provided judgment hath not been given against them for the penalty incurred by their neglect. * 1. Geo. 1. St. 2. c. 13.-2. Geo. 2. c. 31.-9. Geo. 2. c. 26.-16. Geo. 2, c, 30. Certificate. Act of Not to qualify a second time. Prohibition. But no Justice is obliged to take and subscribe the oaths more than once in one king's reign, For it is enacted by statute, "that all persons who have been or shall be appointed Justices by any commission granted by his present Majesty, and have taken, or who shall take THE OATHS OF OFFICE of a Justice of the Peace before the Clerk of the Peace or his deputy, and who shall have taken and subscribed, or shall take and subscribe at some Session THE OATH required by 18 Geo. 2, c. 20, and all persons who shall be appointed Justices by any commission which shall be granted after his Majesty's demise by any of his successors, and shall have after the issuing the first commission whereby such persons shall be appointed Justices in the reign of any succeeding King, taken and subscribed the said oaths-shall not be obliged during the reign of his present Majesty, or during any future reign, in which such oaths shall have been so taken and subscribed as aforesaid, to tak an subscribe the same oaths by reason of such persons being again appointed Justices by any subsequent commission granted during any such reign."* Having noticed the qualifications and observances necessary to enable persons to act as Justices of the Peace, it only remains also to notice the prohibitions against particular persons from acting in that capacity. *7. Geo. 3. c. 9. Sheriffs cannot act as Justices during the Sheriff. continuance of their Shrievalty.* Nor can the Coroner, in the County for Coroner. which he is elected such, according to the better opinions. The same reason operates in both instances, viz. that a man shall not be both a Judge, and an officer of the court, at the same time; but there is no special statute to prohibit the last mentioned officer.t. Solicitors, and Proctors Also no "Attorney, Solicitor, or Proctor, Attornies while he acts in that capacity, shall be a Justice of Peace for any County." But this does not extend to Justices by charter.‡ The death, or abdication of the King, puts Death &c. of an end to the authority of all the Justices King. named by him in the commission; but by special statutes they are enabled to act for six months after, unless sooner prohibited by the Successor.§ Which of course is done by a new commis- New comsions; for every new commission supersedes mission, the former. But these rules do not apply to Justices by charter, not by commission. Any Justice may also be discharged from the Discharge commission by writ under the great seal. * 1. Mar. Sess. 2. c. 8. † Dalt. c. 3. 5. Gen. 2. c. 18. § 1. Ann. St. 1. c. 8. 1. Black. Com, 353. under great seal. Promotion no disnharge. Justices not tobeamerced "Formerly," says Blackstone, "it was thought that if a man were named in any commission of the peace, and had afterwards a new dignity conferred upon him, that this determined his office; he no longer answering the description of the commission."* But now by statute," altho' any Justice of Peace be made duke, archbishop, marquis, earl, viscount, baron, bishop, knight, justice of one bench or the other, or serjeant at law, yet he shall remain justice, aud have authority to execute the same."† The Court of Sesion has no authority to by Sessions amerce any Justice of the Peace for non-attenfor non at dance, as the Justices of Assize may for the ab tendance. sence of any such Justices at the Gaol Delivery; for it is a general rule that inter pares non est potestas; it being reasonable rather to refer the punishment of persons in a judicial office, in relation to their behaviour in such office, to other Judges of a superior station, than to those of the same rank with themselves.‡ If a mayor or other officer under a charter, without whose presence the Session cannot be holden, voluntarily absent himself without sufficient cause, it is a misdemeanor, for which he may be punished by the Court of King's Bench on information.§ * 1. Black. Com. 353. 1. Ed. 6. c. 7. 2. Hawk. c. § 1. Strange. 21. |