Public-domain · open source
OpenJurist

Magistrate

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

!" a governor, rulsr, officer. Correlative, the people. ' Grier v. Castle, 17 F. E. 524 (1883), Mc Kennan, J, See Winans v. Denmead, 15 How. 342 (1853): Gill v. Well Si 22 Wall. 24(1874); Stevens v. Pritchard, 4 Cliff. 418 (1876). ^Seavey v. Central Ins. Co., Ill Mass. 541 (1873); Pierce v. George, 108 id.

78 (1871); State v. Avery, 44 Vt. 029 (1872); Commonwealth v. Lowell Gas Light Co., 12 Allen, 78 (1866); Buchanan v. Exchange Fire Ins. Co., 61 N. Y. 26, 33 (1874), ' Georgia Pacific E. Co. i;. Brooks, Sup. Ct. Ala. '^■' (1888). « Pierce v. George, 108 Mass. 78, 81 (1871): 11 Am. E. 314-17, cases; Ottumwa Woolen Mill Co. i'. Hawley, 44 Iowa, 60-64 (1876), cases: 24 Am. E. 720-82, cases. ^ Galveston. &c. E. Co. v. Drew, 59 Tex. 10 Whart Neg. 8J1, 859, cases. "37 N.J. E. 397. '.Story, Ag. §33.

Supi'eme magistrate

One in whom the sovereign power of the state resides.

Subordinate magistrate

Derives his authority from, and is accountable to, the former, and acts in an inferior, secondary sphere. 1 Of the former are Parliament and the king; of the latter, sheriffs, coroners, justices of the peace, constables, surveyors of highways, overseers of the poor,^ The President is the chief magistrate of the nation; the governors are the chief magistrates of the States. It is dif Qcult to fix a definite meaning to the word "magistrate," a generic term importing a public officer, exercising a public authority. A consul at a foreign port is a magistrate,'^ A person clothed with power as a public civil officer... The appellation is not confined to justices of the peace, and other persons ejusdem generis, who exercise general judicial powers; but it includes others, whose main duties are strictly executive.'

Magisterial.

Belonging or pertaining to the office or dtities of a magistrate.

Magistracy

The office or position of a, magistrate, or of all governmental officers as a body or class. Magistrate's court. In Philadelphia, Pennsylvania, a court, not of record, for police and civil cases, with jurisdiction not exceeding one hundred dollars. The constitution of 1874 established one such court for every thirty thousand inhabitants. The term of office is five years. The magistrates are elected on a, general ticket by the voters at large; and they are compensated by a fixed salary paid by the county. No increase of civil jurisdiction is allowable; and no political duties may be conferred upon them."*