This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1872 Excerpt: ... authority should appear on the face of the proceedings; hut, in strict law, this is not necessary. Justices of the peace being the great committing force of the country, it would seem, in reason, that all presumptions in a case of this sort should be in their favor, the same as the presumptions are in favor of the superior courts in questions concerning the general judicial business of the country. And if we consider the magistrate, as we probably should, to act ministerially rather than judicially, then, of course, his authority may be proved in any way, like any other fact, and it need not necessarily appear in his record or his process. All statutory directions must, of course, be complied with in these proceedings, or they will not be good.1 CHAPTER XVIII. S E A R C H-W A R R A N T S. 240. Nature and Objects--History--Constitutional Guaranties.--We have already considered the law of search-warrants, as respects the execution of them by the officer.2 It was observed by Merrick, J., in a Massachusetts case, that " searchwarrants were never recognized by the common law as processes which might be availed of by individuals in the course of civil proceedings, or for the maintenance of any mere private right; but their use was confined to cases of public prosecutions, instituted and pursued for the suppression of crime or the detection and punishment of criminals. Even in those cases, if we may rely on the authority of Lord Coke, their authority in the person who issued the dence: " referring to 2 Hawk. P. C. warrant; but, until the contrary ap-c. 16, 13; 2 Hale P. C. 122; Ken. pear, will presume that he had an au-122; May hew v. Locke, 2 Marshall, thority." To the like effect we read 377. The author adds: "It is, however, in Burn's Justice of th... *Author: Bish

    Commentaries on the Law of Criminal Procedure (Volume 1); Or, Pleading, Evidence, and Practice in Criminal Cases by Bishop, Joel Prentiss [Paperback]

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