Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
that every justice, except as
is therein excepted, shall have 100_l._ _per annum_ clear of all
deductions; and, if he acts without such qualification, he shall
forfeit 100_l._ which[n] is almost an equivalent to the 20_l._ _per
annum_ required in Henry the sixth's time: and of this qualification[o]
the justice must now make oath. Also it is provided by the act 5 Geo.
II. that no practising attorney, solicitor, or proctor, shall be
capable of acting as a justice of the peace.
[Footnote m: Lamb. 34.]
[Footnote n: See bishop Fleetwood's calculations in his _chronicon
pretiosum_.]
[Footnote o: Stat. 18 Geo. II. c. 20.]
AS the office of these justices is conferred by the king, so it
subsists only during his pleasure; and is determinable, 1. By the
demise of the crown; that is, in six months after[p]. 2. By express
writ under the great seal[q], discharging any particular person, from
being any longer justice. 3. By superseding the commission by writ of
_supersedeas_, which suspends the power of all the justices, but does
not totally destroy it; seeing it may be revived again by another
writ, called a _procedendo_. 4. By a new commission, which virtually,
though silently, discharges all the former justices that are not
included therein; for two commissions cannot subsist at once. 5. By
accession of the office of sheriff or coroner[r]. Formerly it was
thought, that if a man was 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[s] it is provided, that notwithstanding a new title of
dignity, the justice on whom it is conferred shall still continue a
justice.
[Footnote p: Stat. 1 Ann. c. 8.]
[Footnote q: Lamb. 67.]
[Footnote r: Stat. 1 Mar. st. 1. c. 8.]
[Footnote s: Stat. 1 Edw. VI. c. 7.]
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