Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/369

 Ch. 9. 5 Geo. II. c. 11. and every jutice, except as is therein excepted, hall have 100𝑙. per annum clear of all deductions; and, if he acts without uch qualification, he hall forfeit 100𝑙. This qualification is almot an equivalent to the 20𝑙. per annum required in Henry the ixth's time: and of this the jutice mut now make oath. Alo it is provided by the act 5 Geo. II. that no practiing attorney, olicitor, or proctor, hall be capable of acting as a jutice of the peace.

the office of thee jutices is conferred by the king, o it ubits only during his pleaure; and is determinable, 1. By the demie of the crown; that is, in ix months after. 2. By expres writ under the great eal, dicharging any particular peron from being any longer jutice. 3. By upereding the commiion by writ of uperedeas, which upends the power of all the jutices, but does not totally detroy it; eeing it may be revived again by another writ, called a procedendo. 4. By a new commiion, which virtually, though ilently, dicharges all the former jutices that are not included therein; for two commiions cannot ubit at once. 5. By acceion of the office of heriff or coroner. Formerly it was thought, that if a man was named in any commiion of the peace, and had afterwards a new dignity conferred upon him, that this determined his office; he no longer anwering the decription of the commiion: but now it is provided, that notwithtanding a new title of dignity, the jutice on whom it is conferred hall till continue a jutice.

power, office, and duty of a jutice of the peace depend on his commiion, and on the everal tatutes, which have created objects of his juridiction. His commiion, firt, empowers him ingly to conerve the peace; and thereby gives him all the power of the antient conervators at the common law, in uppreing Rh