Executive magistrate

“ For offences so highly dangerous, in the punishment or prevention of which a moment's delay would be fatal, the law has given to the crown the power of [pg 10] an immediate prosecution, without waiting for any previous application to any other tribunal: which power, thus necessary, not only to the ease and safety, but even to the very existence of the executive magistrate, was originally reserved in the great plan of the English constitution, wherein provision is wisely made for the preservation of all its parts. ”

“ In no other way could any responsibility be brought home to the executive department. Still the king is not bound by the advice of his council. He is the absolute master of his own conduct; and the only alternative left to the ministry is, to compel him to follow their advice, or to resign the administration of the government. In the American republic the case is wholly different. The executive magistrate is chosen by, and made responsible to, the people ”

“ This, however, is not among the vices of that constitution. The magistrate in whom the whole executive power resides cannot of himself make a law, though he can put a negative on every law; nor administer justice in person, though he has the appointment of those who do administer it. The judges can exercise no executive prerogative, though they are shoots from the executive stock; nor any legislative function, though they may be advised with by the legislative councils. ”

“ Neither the President nor the Attorney General is a magistrate. In matters where they believe national security may be involved they are not detached, disinterested, and neutral as a court or magistrate must be. ”

“ If the magistrate by whom a fire hazard order that requires the carrying out of structural works was made is of the opinion that the nature of the relevant fire hazard is such as to require immediate abatement, the magistrate may, notwithstanding that an appeal in respect of the order is pending, authorize the Director to abate the fire hazard immediately. ”

“ And as to the powers given to one, two, or more justices by the several statutes, that from time to time have heaped upon them such an infinite variety of business, that few care to undertake, and fewer understand, the office; they are such and of so great importance to the public, that the country is greatly obliged to any worthy magistrate, that without sinister views of his own will engage in this troublesome service. ”

“ A magistrate may, at any time after a person is convicted of an offence under section 9, either on application by the Director or on the magistrate’s own initiative, make a fire hazard order in the form of Form 2 in Schedule 1 in respect of that person. ”

“ If satisfied by information on oath that there are reasonable grounds for suspecting that there is on any premises any thing that is or contains, or that is likely to be or to contain, evidence of an offence under this Regulation, a magistrate may issue a search warrant in respect of the premises. ”

“ I have outlined why I believe the only defensible construction of the Federal Magistrates Act is that jury selection in a felony trial can never be one of a magistrate's "additional duties"-regardless of whether a defendant consents. ”

“ Of magistrates also some are supreme, in whom the sovereign power of the state resides; others are subordinate, deriving all their authority from the supreme magistrate, accountable to him for their conduct, and acting in an inferior secondary sphere. ”

“ I perceive with sincere pleasure that my conduct in the chief magistracy has so far met your approbation, that my continuance in that office, after its present term, would be acceptable to you. But that I should lay down my charge at a proper period is as much a duty as to have borne it faithfully. If some termination to the services of the chief magistrate be not fixed by the constitution, or supplied by practice, his office, nominally for years, will, in fact, become for life, and history shows how easily that degenerates into an inheritance. ”

“ In many country districts, where the justices are old and incompetent, they are absolutely in the hands of their clerk, who for all practical purposes becomes not only a magistrate, but the sole magistrate present. ”

“ Some mode of displacing an unfit magistrate is rendered indispensable by the fallibility of those who choose, as well as by the corruptibility of the man chosen. He opposed decidedly the making the Executive the mere creature of the Legislature as a violation of the fundamental principle of good Government.
Mr Madison & Mr Wilson observed that it would leave an equality of agency in the small with the great States; that it would enable a minority of the people to prevent ye removal of an officer who had rendered himself justly criminal in the eyes of a majority; ”

“ An application may be made in person or by counsel or solicitor.
(5) For securing the attendance of witnesses and generally for conducting the proceedings, the magistrate has all the powers of a magistrate hearing a complaint under the Magistrates Ordinance (Cap. 227) .
11. Outcome of review
(1) On application under section 10 of this Schedule, a magistrate may rescind a recovery order if satisfied that the demand notice did not come to the personal notice of the applicant without any fault of the applicant. ”

“ The judiciary may, and often do, command and compel inferior executive officers to do specific official acts which it is their plain duty to perform, or issue an injunction to prevent their doing an official act which is plainly beyond their powers. Heads of Departments of the State or the United States are subject to this power. ”

“ If I am not in error, an attorney is as much an officer of the court as the clerk, and it would be a novel thing in a government to have a court to administer law which denied the supremacy of the government itself. ”

“ Upon this last point, one word: we have seen nothing more grossly factious in the conduct of the Whigs, than the assertion, that these magistrates ought not to have been dismissed. Well might the Chancellor say, that the discussion had been conducted by petty lawyerlike quibbles. The case stands thus: there are two principles concerned in the tenure of the magistrate's office—theoretic amenability to the letter of the law, and practical serviceableness for his duties. ”

“ Many executive officers, even those who are spoken of as purely ministerial officers, act judicially in the determination of facts in the performance of their official duties; and in so doing they do not exercise 'judicial power,' as that phrase is commonly used, and as it is used in the organic act in conferring judicial power upon specified courts. ”

“ It is in the power of any single magistrate, or of the Attorney for the Commonwealth, to lay hold of the commanding officer, whenever he comes ashore, for the breach of the peace, and to proceed against him by indictment. ”

“ The "Substitut" always preserved a rather deferential attitude before the President and M. Ducros, for they belonged to the magistrature assise, whilst he merely formed part of the magistrature debout The French word magistrat is not the equivalent of our magistrate, the French term for which is "Juge de Paix." A magistrat means a Judge or a Public Prosecutor.
From being so much with the judges, I grew quite learned in French legal terms, talked of the parquet (which means the Bar) , and invariably termed the grubby little Nyons law-court the Palais. ”

“ In some states the Governor may veto parts or items of an act and approve the rest. He is commander in chief of the militia; commissions all officers whom he appoints; and in most of the states may pardon criminals.
The Judicial Branch of government is composed of the state courts, whose judges are appointed, or elected for a long term of years.
These three branches of government—the executive, the legislative, and the judicial—are distinct and separate, and none can exercise the powers of the others. No judge can enact a law; no legislature can try a suit ”

“ It may be said, in general, that the tendency towards keeping the judiciary apart from any active connection with the executive department has steadily increased since the first quarter of the nineteenth century. ”

“ The courts of justice, to which allusion has been made, are composed of elders; or not unfrequently the chief of the district acts as the magistrate. When two persons fall into a dispute and bring it before the court, an officer comes for the litigants, and ties together the corner of their quarries. ”

“ It is the duty of the officer making the arrest to bring you into a court, but this is not generally to a trial court. A person is generally brought before what is called a committing magistrate, a justice of the peace or commissioner—some person having authority to issue warrants of arrest. You may be far from home and friends when you are arrested. You may be entirely unacquainted in the neighborhood. The government is not ready to proceed to your trial. Witnesses must be summoned, not only for the government, but if you have witnesses you desire to use, they must be brought in. ”

“ To the superior judges fall the duties of solving abstruse legal problems, and of determining the weightiest legal issues, but it is the police magistrate who is in daily contact with the criminal and with the aggrieved person, it is he who applies the law in the first instance, and to him the large majority of the people look for decisions upon which their liberty or their property may depend. ”

“ Though mandamus may sometimes lie against an executive officer to compel him to perform a mere ministerial act required of him by law, yet such an officer, to whom public duties are confided by law, is not subject to the control of the courts in the exercise of the judgment and discretion which the law reposes in him as part of his official functions. ”

“ The persons, therefore, to whose immediate management these different matters are committed, ought to be considered as the assistants or deputies of the chief magistrate, and on this account, they ought to derive their offices from his appointment, at least from his nomination, and ought to be subject to his superintendence. ”

“ Yet rarely have any such guards been applied; and every attempt to introduce them has been resisted with a pertinacity, which demonstrates, how slow popular leaders are to introduce checks upon their own power; and how slow the people are to believe, that the judiciary is the real bulwark of their liberties. In some of the states the judicial department is partially combined with some branches of the executive and legislative departments ”

“ It is settled by many decisions of this court that in matters which require judgment and consideration to be exercised by an executive officer of the government, or which are dependent upon his discretion, no rule for a mandamus to control his action will issue. It is only for ministerial acts, in the performance of which no exercise of judgment or discretion is required, that the rule will be granted. ”

“ Can it be doubted that upon application from those whose interests are involved in the performance of his duties by the marshal, it is the right and the duty of the court in such a case to correct the irregularities of its officer, and to compel him to perform his duty? There is inherent in every court a power to supervise the conduct of its officers, and the execution of its judgments and process. ”

“ Under this subsection, the district courts would remain free to experiment in the assignment of other duties to magistrates which may not necessarily be included in the broad category of 'pretrial matters.' This subsection would permit, for example, a magistrate to review default judgments, order the exoneration or forfeiture of bonds in criminal cases, and accept returns of jury verdicts where the trial judge is unavailable. ”

“ The magistrates are appointed by the Crown; they must have been practising barristers for seven years or stipendiary magistrates for some place in England or Wales. One police magistrate has the same powers as two Justices, but may not act in anything which has to be done at special or petty sessions of all the justices acting in the division or at quarter sessions. He can do alone when sitting in a police court any act which any justice or justices can do under the Indictable Offences Act 1848, or under the Summary Jurisdiction Act ”

“ It is none the less the judgment of a judicial tribunal dealing with questions judicial in their nature, and presented in the customary forms of judicial proceedings, because its effect may be to aid an administrative or executive body in the performance of duties legally imposed upon it by congress in execution of a power granted by the constitution. ”

“ But the attorney general supposes that this process is applicable only to inferior magistrates; that it grows out of a general supervisory jurisdiction; and he finds no instance in England of its being directed to any officer of the executive department. The circuit court, in its opinion, while partially falling into the same error of fact, yet distinctly avoids the erroneous inference of the attorney general. ”

“ In this Regulation, unless the context otherwise requires—
“closure order” (封閉令) means an order made by a magistrate under section 27;
“fire hazard abatement notice” (消除火警危險通知書) means a fire hazard abatement notice served under section 3;
“fire hazard order” (火警危險令) means an order made by a magistrate under section 10;
“motor vehicle” (汽車) includes a motor cycle with or without a side car;
“prohibition order” (禁止令) means an order made by a magistrate under section 11;
“scheduled member” (表列成員) means a member holding a rank set out in Schedule 2;
“tenancy” (租賃) includes sub-tenancy ”

“ The federal public prosecutor shall be nominated and removed by the Federal Assembly. The public prosecutor of the republic shall be appointed and removed by the federal public prosecutor with the approval of the republican executive council. All other public prosecutors shall be appointed by the public prosecutor of the republic. ”