"Justices shall have for their wages 48. the Wages for attendance, day, for their time of attendance in Session, and their clerk† 2s. of the fines and amerciaments rising and coming of the said Sessions, by the hands of the Sheriffs; and the Lords of Franchises shall be contributory to the said wages, after the rate of their part of the fines and amerciaments.‡

And the escheats of the Justices shall be doubled, and the one part delivered by them to the Sheriff, to levy the money thereon arising, and thereof to pay the Justices their wages by the hand of the Sheriff, by indenture betwixt them, thereof to be made. But no Duke, Earl, Baron, or Banneret, shall take any wages."S

Although Justices, as we have seen, are prohibited from taking any thing for the execution of their office, except "of the King, Clerk's fees and fees accustomed, and costs limited by statute," their respective clerks are entitled to certain fees to be settled in Sessions from time to time, and approved and confirmed by the Judges of Assize at the next Assizes for the county.* "But such table of fees shall be of no authority till it have received the confirmation of the said Judges of Assize; and if

Meaning their public Clerk, or Clerk of the Peace.

In Middlesex

Fines, for

any such clerk, at any time after three months from such table of fees being ratified, shall take more on account of business done by the Justice to whom he is such clerk, he shall forfeit £20, to whoever shall sue for the same, within three months, in the Courts of Westminster."

In Middlesex the table of fees are to be confirmed by the three Chiefs of the Courts of Law at Westminster. And in all places this table of fees, when ratified, is to be placed in the hands of the Clerk of the Peace, and by him hung up in a conspicuous part of the room where the Quarter-Sessions are holden, under a penalty of £10, to be recovered in like manner.‡

As these fees due to the Clerks of Justices for the manual labour supposed to be performed by them, in taking informations, draw, ing warrants, &c. under the direction of their respective principals, are confined to the office of a magistrate out of Session, except the last noticed point; viz. the publication of them; sufficient has been said on the subject here, where the object of the author is to confine himself as much as possible to the business of sessions.

Those monies under the denomination of feitures, and fines, forfeitures, and penalties, which Justices penalties.

are authorized by various statutés to receive on account of the king, or any other persons, out of Sessions, are directed, by a recent, act of Parliament,* to be paid annually, before the Michaelmas Session, to the sheriff of the county; and a duplicate of the account of such fines, forfeitures, and penalties to be sent to the clerk of the peace for the said county, or town clerk (as the case may be) previous also to the said Michaelmas Session; but as these provisions relate also, so far at least as respects the Justices, to their duties out of Sessions, for the reasons before stated, it is sufficient to refer to the Stat. itself.

43

of Justices.

The last matter to be noticed relative to the Indemnities Justices, is their indemnities in the execution of their office.

66

A Justice of the Peace is under the pecu- As to private liar protection of the law: for he is not pu-action. remedy by nitha le at the suit of the party, but only at the suit of the King, for what he doth as Judge in masters which he hath power by law to hear and determine."†

This, as a general position, is not less correct, than it is rea-onable; but it is, like all general rules, subject to some exceptions, as where the erroneous conduct of the Justice is obviously malicious, and injurious.

* 41. Geo. 3. c. 85.

† 2. Haw. c. 13.

1. Bur. R. 556.

Two-fold by His indemnity, however, in the execution public prosecution, of his office, necessarily resolves itself into two divisions here; viz. 1st. in the capacity of of an individual magistrate; and, 2ndly, as a member of the Court of Quarter Session. Of the latter only, it is the professed purpose to treat in this book, and therefore on what concerns him as an individual magistrate acting out of Sessions, little shall suffice.

Justices not

punishable

It may fairly be laid down, then, as a general position, that unless it clearly appear that the justice hath been partially, maliciously, or corruptly, influenced in the exercise of his authority, and hath consequently abused the trust reposed in him, the court above will not grant an information.

For the rule is invariable, that the court for errors in will never interpose to punish a Justice of the judgment. Peace for a mere error in judgment.

By information.

And even where a justice acts illegally, yet if he has acted honestly and candidly, without oppression, malice, revenge, or any bad view or ill intention whatsoever, the court will never punish him by the-extraordinary course of an information; but leave the party complaining to their ordinary remedy or me. By action or thod of prosecution, by action or by indictment.†

indictment.

* 1. Bur. R. 556.-1 Term. R. 653. 692.

† 2. Bur. R. 1162,

"

And it seems that the justice is not liable to be punished both criminally and civilly; for Not by both before the court will grant an information, they will require the party to relinquish his civil action, if any such has been commenced: and even in the case of an indictment, and although the indictment be actually found, yet the attorney-general (on application made to him) will grant a noli prosequi upon such indictment, if it appear to him that the prosecutor is determined to carry on a civil action at the same time.*

Must have

And it is further provided by statute, "that no writ shall be sued out against, nor any copy Notice of any process at the suit of a subject shall be served on, any justice of the peace, for any thing by him done in the execution of his of fice, until notice in writing of such intended writ or process be delivered to him, or left at the usual place of his abode, by the attorney for the party who intends to sue, at least one calendar month before the suing out, or serving the same; in which notice shall be clearly and explicitly contained the cause of action, on the back of which notice shall be indorsed, the name of such attorney, and the place of his abode, who shall be entitled to the fee of 20s. for preparing and serving such no

tice.

* 2. Burr. R. 719.