Commentaries On the Laws of England : in Four Books
Commentaries On the Laws of England : in Four Books
Thomas Mcintyre Cooley
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VI. o. 7. (ufj Stat. 7 Jac. I, c. 5; 21 Jac. 1, c. 12 ; 24 Gca n, & 41. (19) The principal statute now in force on this subject is 11 and 12 Tic. c. 44 ; which is even more liberaT than the statutory provisions mentioned in the text. (20) [A justice of the peace acts ministerially or judicially. Ministerially , in preserving the peace, hearing charges agaiust offenders, issuing summons or warrants thereon, examining the informant and his witnesses and taking their examinations, binding over the... parties and wit- nesses to prosecute and give evidence, bailing the supposed offender, or committing him for trial, &c. See the conduct to be observed : 1 Chitty's Crim. L. 31 to 116. In cases where a mi^strate proceeds ministerially, rather than judicially, if he acts illegally he is liable to an action at the suit of the party injured ; as ii' he maliciously issues a warrant for felony, with- out previous oat^ of a felony having been committed. 2 T. R. 225 ; 1 East, 64 ; Sir ^V". Jones, 178 ; Bob.
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