Magistrate

A public civil officer, invested with some part of the legislative, executive, or judicial power given by the constitution. In a narrower sense this term includes only inferior judicial officers, as justices of the peace. The president of the United States is the chief magistrate of this nation; the governors are the chief magistrates of their respective states. It is the duty of all magistrates to exercise the power vested in them for the good of the people, according to law, and with zeal and lidelity. A neglect on the part of a magistrate to exercise the functions of his office, when required by law, is a misdemeanor.

See 15 Viner, Abr. 144; Ayliffe, Pand. tit. 22; Dig. 30. 16. 57; Merlin, UCp.; Scanlan v. Wright, 13 Pick. (Mass.) 623, 25 Am. Dec. 344.

A federal law requiring an affidavit to be sworn to before a magistrate, is complied with when “sworn to before ipe, J. M., Clerk of the Municipal Court,” it being presumed that it was taken in the court; In re Keller, 36 Fed. police magistrate of a city; Kurtz v. State, 22 Fla. 36, 1 Am. St. Rep. 173. See Judge; Justice op the Peace.