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It is impossible to overrate the importance of keeping the administration of justice by magistrates clear from all suspicion of unfairness.
— Magistrates
It is impossible to overrate the importance of keeping the administration of justice by magistrates clear from all suspicion of unfairness.
It is necessary for Courts of Justice to hold a strict hand over summary proceedings before magistrates, and I never will agree to relax any of the rules by which they have been bound. Their jurisdiction is of a limited nature, and they must shew that the party was brought within it.
It is perfectly plain that either the Crown or any subject may intervene and inform a superior Court that an inferior Court is exceeding its jurisdiction; and it is the duty of the superior Court, when it is so informed, to confine the inferior Court within the limits of its jurisdiction.
Excess of jurisdiction is ground for prohibition.
I do not see to what purpose we exercise a superintendency over all inferior jurisdictions, unless it be to inspect their proceedings, and see whether they are regular or not. I have often heard it said that nothing shall be presumed one way or the other in an inferior jurisdiction.
We presume a magistrate does right until the contrary appears.
It is of infinite importance to the public that the acts of magistrates should not only be substantially good, but also that they should be decorous.
It is the more fit for the Supreme Court to give some certain rule in it that may regulate and guide the judgment of inferior Courts.
