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MISDEMESNORS of OFFICERS. Magistrates
When a Magistrate acts, he must be he acts to either in obedience conformity to or in disobedience violation of to the requisitions
of the Law.
If ever a Magistrate does wrong, it appears plainly that it must be or other by action
other two ways or inaction — if by action, in it must be by either by doing when the Law gives no power to do any what is a power which is not given any
or by violating a duty doing an one thing which/when the Law proscribes another thing certain, or by ill using discretion, when the Law comitts the matter to discretion which is conjoined — if by inaction, by not doing what when the Law
requires something to be done —Now in
to either between
of
Now in all these cases, he either does or activity for as the case is) is with an evil design
or without one, that is either to procure himself or some other individuals some unlawful gain, or save himself or
some other individuals some unlawful suffering or to impose on another individual some unlawful suffering
or to do some prejudice to the community.
Discretion is to between
contradictions, or
between diversities in point
of 1. Number. 2 Time
3. Place. 4. Degree. 5.
Person.
Let us consider what those circumstances are the concurrence of which has produced that admirable incorruptibility
in superior Judges: then let us try how far and in what respects they may be transferable
upon inferior
Courts open — Large property and Responsibility to be effected by Reduction of the Code
which lightening the burthen will bring in men of fortune into the service who now
fly from it. Fixity of
Misdemeanours Offences of of Magistrates. What can they be consist of? What marks what considerations
circumscribed
can bound our Idea the import of terms so comprehensive and so vague?
In the first place What are Magistrates? they are persons whose business it is in a
particular department to contribute to the execution of certain Laws — For that person
they have certain powers given them; [that is it is made the Will of the Law either that they
shall or at least that they may do without punishment & perhaps with reward that concerning them and their possessions which otherwise
they could not do without punishment.] the Execution of the Law is constituted an End:
and those powers are given them to be used as means to it.
Now this end, we have seen, has 2 branches; which are to be pursued in the alternative: Punishment
in case of guilt: impunity in case of innocence.
A Magistrate may therefore offend 3 ways — 1st By using assuming powers that are not given them By usurpation 2.
By not using powers that are given him. 3dly By using them in such a manner as
not to contribute to them and for which they were given him.
It was only in the intent of his contributing in a certain way manner to the end that any powers were
given him — The acts in the performance of which the powers consists would, in any one to whom
such powers were not given, be offences. the only powers that are deemed contributing
to the end, are those that are given him. If he does acts not contributory to that end
instance, if I say, he does such acts as if they were powers given him, whereas they
are not, he offends just as another man to whom no powers of that kind at all were given
were he to do those acts, would offend: thus, at least it is that he offends: but this as we shall
see presently, is not all.
MISDEMEANOURS of A OFFICERS [BR[2] Magistrates.
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misdemesnors of officers magistrates |
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