The National Register.
London, England, 1820-02-21 00:00:00

MONDAY, FEBRUARY RI, 185b0

nterpretation of some law, and who has not beencon-
vieted. oo the oaths of credible wittitrivo, either by
the recorded adjudication of a jitstire of the peace, or by
the solemn verdict of a jury of his country.
14. 111 cominittin„; to prison the magistrate should
carefully distinguish whether the object is correction
after c totaled (((( . or simple detention before trial, and
should direct his warrant aecordingly ;no ii being
liable to be sent to a correctional prison, or sulijict to a
correctional discipline, except as a pimishment after a
recorded conviction ; and simple detention ouOit to lake
place iii the sheriff's gaol only, because the sheriff is an
hotionrahle officer, Ito 1 by the ancient laws of the
land to perform the important duty of making return to
all sessions of gaol delivery.
1.. in imposing penilties. where the statute has given
a discretion to the magistrate, he ought to be governed
in his decision as well by the means of the parties, as by
the repetition or turpitude of the offence ; because a
mulct implies hot a portion of the offender's means, and
it is with a view to various shades of culpability that
the law has empowered the magistrate to exercise all
equitable discretion. . .
I. In assigning ponishtnenu, it shoold be considered
that the penalties of the law always contemplate extreme
Cases of turpitude, generally leaving it to the magistrate
to mitigate and ailiortiim the punishment according to
the creimistatices of every offence; iii doing which, it
should be remembered, that the scripture enjoins us
" to forgive our brother seventy tunes seven hum ;"
that the penalties of the law in In never to be passio-
nate or viiiiticiiie, but to be sh iply cautionary lOr lost
or trivial oliencts, gently correettie for secood off, ices,
and exemplary atop SLACT& only Niel applied to incor-
rigible culprits, or to very henna fillies.
17. Every justice of the pea Ito is anxim e.
ry u to pr
I
see the honour of the: laws, wi ',pearl' discourage ap-
peals against his town cotivietionlie in oily way oh-
!lnlet Of influence the decision o• such appeals ; anti,
as often as the letter or spirit oi Of law appears to him
to have borne with lue sevelity on individuals, or
families, be will benevolently ascertain the extenuating
circuitistatices of the case, and bring them iii due !Orin
before the bench in sessions, or before the grand jury at
the assires, in circler that the suffering party may, through
their recommendation to the proper authority, obtain
the royal pardon.
18. A discreet magistrate, will, on all occasions, avoid
mixing in decisions that involve his personal interests,
ilk family connexions, his friendships, or his known or
latent e iiiii i i ies. 111 all such Ca>es, he ought magnani-
mously to retire from tile bench at sessions, or to call one
or more of the neighbouring magistrates into his juris-
diction. lie should remember, that his character will
lie in a stale of haaard whenever his predelictiona as a
private man, a politician, or a theolostan, interfere with
the independence of his judgment as a magistrate.
'l9. A paternal magistrate will do more good in his
n Ughbourhood by his advice and example, than by the
force of authority and coercion. lie should lend his
countenance to the virtuous, aunt his protection to the
unfortunate ; but, above all, he should set a good exam-
ple in his own conduct, and exact it frau all in authority •
beneath hint ; because he can never punish with effect
any vices which he practices himself, or tolerates in his
agents; and their combined example will prove more
powerful than all the instruments of judicial terror.
frO. A justice of the peace, holding a co tttttt ission
front a constitiltional King of England, and its authority
under the mild laws of England, will always feel that
his power is emilerred for the portion of increasitig the
happiness of all who are subject to his cognizance, and
within his jurisdiction; that lie is guardian of the pubic
morals, a conservator of the peace, and protector of the
public and personal rights of the people; and that it
much depends on the wisdom and pr ace of justices
of the peace, whether the social comb et which binds
the people into one nation under onsr•ruler and one
code of laws, serve as a curse or a blessinjj;
•

m;:

DUTIES OF SHERIFFS
MY TUC SAMS.
Anciently all
,Sheriffs were elected aronally by that
portion of the people in whose behalf they were to serve
the oilier. For five centuries they have been returned
by the crown ; but, by the common:on, they still are
popular officers, appointed in execute the laws in the
name tea ine sovereign, with doe respect to the privileges
of tlie people.
The general duties of the sheriff's offlc4re six-fold :
I. As executor of all writs and legal prOcest.
2. As keeper of the prisons.
J. As A tttttttt (liter of.turyitien.
4. As guardian of courts of law.
5. As eXtelltlVller of all sti tttttt ary t.hinelits.
6. As presiding ollicer at the return of all repreenta-
t it vs to I'4ol3mi:to.