Commonwealth v. Foster

1 Mass. 488
Massachusetts Supreme Judicial Court·Decided June 15, 1805·Published·Cited by 2 cases

Opinion

Thacher, J.

I am not satisfied that the justice had authority to direct this warrant to a private person. Doubting of his power, I cannot say that the warrant was legal. And unless I am convinced that it was, I am bound to declare that judgment ought not to be rendered upon the verdict.

Sewall, J.

The office of justice of the peace was introduced by our forefathers at their migration; and in all particulars, then applicable, or which have since become applicable, to this jurisdiction, may be considered as possessing, here; the general character and functions allowed to it in England, by force of the statutes which had there created and regulated this ancient and important office. After its introduction, the office became of course a subject of legislation here, and at an early period subsequent to the charter of William and Mary, the form of an oath to be administered to justices of the peace was appointed,

Free access — add to your briefcase to read the full text and ask questions with AI

Commonwealth v. Foster, 1 Mass. 488 (Mass. 1805).

1 Mass. 488 (Commonwealth v. Foster) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Graves's Case
236 Mass. 493 (Massachusetts Supreme Judicial Court, 1920)
Abbott v. Booth
51 Barb. 546 (New York Supreme Court, 1868)