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An Act concerning the office and duties of Magistrates. 1839 22 (1839)

handle is hein.slavery/ssactssc0314 and id is 1 raw text is: 22 Dec. 189. CHAPTER VII. AN ACT CONCERNING THE OFFICE AN1D DUTIES OF MAGISTRATES, SEc. 1 Be it enacted, by the Honorable the Senate and House of Reproscntatives, now met and sitting in General Assembly, Appointment, and by the authority of the same, That Magistrates shall be up. and tCrn1 of' of- lice. pointe d by joint resolution of both branches of the Legislature, and shall hold office for four yoars, and thence for forty days after the and of the session of the Legislature at, during, or after which, such appointment shall expire. Any vacancy shall be supplied by the appointment of the Governor, and any Magistrato appointed by the Governor, shall continue in office until the end of the next succeeding session of the Legislature. SEC. 2. Every Magistrate before entering on the duties of his offnce, and within ninety days after his appointment, or bebro or dur. ing the next Court of Connon Pleas of his District, shiall, before the Clerk of Common Pleas, for the District, in addition to the oath required by the Fourth Article of the Constitution of the ou1 . State, take and subscribe the following oath: I l, A. 13. do swear that I will not be of counsel to any person, in any cause, depend- ing before m; that I will to the extent of my power and ability, enfurce and carry into effect, the Laws of' force in this State, against Ciaming, and will bring to justice, all violations thereof, which may come within my view or knowledge, and that I will not receive or demand any fees, whatever, in criminal cases, where the papers relating thereto, have not been returned to tho Clerk, unles the same shall have been lost or mislaid-so help me God, and at the time of such qualification, shall sign a roll, to be kept by the said Clerks. .lurimdiction, Sac. 3. Every Magistrate shall have civil and criminal juris. or'ad diction throughout the Judicial District in which he resides, and shall execute all the powers and duties heretofore lawfully exe- cuted by a Justice of the Quorum; he shall be authorized and required, to conmand all persons who in his view may be engag- ed in violations or disorderly conduct, to the disturbance of the .peace, to desist therefrom; and to arrest any such person who shall refuse obedience to his command; and to connit to jail any such person whoshall fail to unter into sufficientrecognizance, either to keep the peace, or to answer to an indictment, as the Magistrate may determine. In like manner, li shall arrest and commit, if necessary, any person, wvho in his view, shall perpetrate any crime or misdemeanor, whatsoever. In making any such arrest, the Mnristiatc shall have power to comnmand'any Consta-

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