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De Committee on District Offices

Resolution to authorize the Go

Es and decisions of the Court of

ywers of Magistrates and Constab

eration, and beg leave to Repo

too strongly impress upon the

is the said resolution contemplat

hes of the State are, in a large n

wich the Legislature makes it

a doubt. These laws are now
of low books, which are to the
sible, and being thus deficient
Raitis their duty to enforce, an
to obtain that knowledge, the
at confidence in their own ability
an eficient discharge of their
Ministering the law as it is, the
df necessity, substituted for the
atally inflicted upon the rights
ace itself, not only odious, bu
T upon this Legislature for a re
Kamerous prosecutions are con
scient grounds, crowding
Re-absorbing the time of the
we among the people-taxing the

iors to a grievous extent, a
way from the public Treasury to
Tour Committee, from a full e

that the evil referred to is

IN THE HOUSE OF REPRESENTATIVES, DEC. 17, 1846.

The Committee on District Offices and Officers, to whom was referred a Resolution to authorize the Governor to cause a compilation of the laws and decisions of the Court of Appeals, relative to the duties and powers of Magistrates and Constables, have had the same under consideration, and beg leave to Report: That they cannot, in their opinion, too strongly impress upon the House, the necessity of such a work, as the said resolution contemplates. That the Magistrates and Constables of the State are, in a large majority of cases, ignorant of the laws which the Legislature makes it their duty to enforce, does not admit of a doubt. These laws are now dispersed over many thousands of pages of law books, which are to them, in a great measure, wholly inaccessible, and being thus deficient in the knowledge of the laws which it is their duty to enforce, and having no means within their power to obtain that knowledge, they must, of necessity, be wanting in that confidence in their own ability, without which it is in vain to expect an efficient discharge of their duties. This being so, instead of administering the law as it is, their own judgement and impulses, are, of necessity, substituted for the law, and wrongs are thus being continually inflicted upon the rights of the people, which has rendered the office itself, not only odious, but a positive tyranny, which calls loudly upon this Legislature for a remedy.

Numerous prosecutions are continually occurring, upon frivolous and insufficient grounds, crowding the sessions dockets, all over the State-absorbing the time of the Courts-fomenting discords and strife among the people-taxing the time and means of defendants and prosecutors to a grievous extent, and drawing annually, large sums of money from the public Treasury to pay the costs of prosecutions..

Your Committee, from a full examination of the subject, are persuaded that the evil referred to is of much greater magnitude than

VI

seems to be generally supposed, and they cannot but deem it the imperious duty of the Legislature, to provide a remedy for these evils, and to guard the State from the reproach of permitting a continuation of this extensive and continually increasing mal-administration of justice by these inferior tribunals, whose acts affect most unjustly the rights of large masses of the people. In the judgement of your Committee, it is due to the character of the State, that something should be done to abate these evils, and to provide for a more just and a more enlightened administration of the law. Your Committee submits that the remedy is to be found in a complete revision and re-publication of the law in relation to these offices, and by placing it in a condensed form in the hands of every Magistrate and Constable appointed by your authority, as contemplated by the resolution referred to. The law thus simplified and condensed, with all necessary forms under each appropriate head, would bring it at once within the grasp and comprehension of the most common understanding, and with such a manuel in their hands, it would be hardly possible for them to err.

Such a work, your Committee deem entirely practicable and expedient, and which, when completed, would render the duties of the offices of Magistrate and Constable, plain and intelligible. It would, in the opinion of your Committee, in a very short time, effect a most salutary change in the administration of the duties of these offices, and they feel confident would also soon redeem the office of Magistrate from the degradation to which it is now reduced, and they are equally confident would, in addition to the above enumerated advantages, relieve the Treasury from the burthen of a very heavy annual charge. Such a work, in the opinion of your Committee, would be also of much value, not only to the citizens of the State, generally, but likewise to the professional lawyer.

Resolved, That His Excellency, the Governor, be authorized and requested to employ some fit and competent person to compile, under his direction, all the laws now of force, in this State, in regard to the powers and duties of Magistrates and Constables, with a digest of the decisions of the Court of Appeals in relation thereto. And that he be further requested to communicate, at the next session of the Legis

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!ature, the progress of this work, and the compensation he may deem just and equitable should be paid to the person thus employed.

Resolved, That the House do agree to the Report.
Ordered, That it be sent to the Senate for concurrence.

By order,

T. W. GLOVER, C. H. R.

IN THE SENATE, December 18, 1846.

Resolved, That the Senate do concur in the Report.
Ordered, That it be returned to the House of Representatives.

By order,

WM. E. MARTIN, C. S.

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INTRODUCTI

ems to be some diversity of o were inst appointed. Polidore Vi

the reign of William the Cor

in that it was not until the

, "e afirms, that in the reign of He king and his barons, Guardia cted: and Sir Henry Spelmar hat there were no Justices until 1. Tom. 322. To this latter Jean and Burns, incline. Yet "ang before the conquest, at con Is of the Peace, which were of of their offices, had power to OT the name of Conservators of th s; second, those who were con called Conservators or War es were, the Lord Chancellor, etc the Master of the Rolls, Ju *Conner, also every high and toss the duty of keeping the pea 1. The second class, or Conse * were either ordinary or extrao etare, to wit, such as held t ption, viz., such as claimed themselves and their ancesto 2. by election, viz., such as wer 7 in pursuance of the king's those Conservators of the tha that of the Constables of nerdinary, as he was endowe wed in times of great trouble on

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