magistrate

In a general sense a magistrate is a public civil officer, possessing such power—legislative, executive, or judicial—as the government appointing him may ordain. In a narrow sense, a magistrate is regarded—perhaps, commonly regarded—as an inferior judicial officer, such as a justice of the peace.

A public civil officer, invested with some part of the legislative, executive or judicial power given by the constitution. 32 Ark. 127. The president of the United States is the chief magistrate of this nation; the govern- In a narrower sense, an inferior judicial officer, as a justice of the peace. 32 Ark. 127. The term generally applies to judicial officers having power to issue warrants for the arrest of persons charged with crime, but the use of the term has been held not to necessarily imply such a power. 32 Ark. 124.

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.

A public officer belonging to the civil organization of the state, and invested with powers and functions which may be either judicial, legislative or executive. But the term is commonly used in a narrower sense, designating, in England, a person intrusted with the commission of the peace, and, in America, one of the class of inferior judicial officers, such as justices of the peace and police justices. Martin v. State, 32 Ark. 124; Scanlan v. Wright, 13 Pick. (Mass.) 528, 25 Am. Dec. 344; Ex parte White, 15 Nev. 146, 37 Am. Rep. 466; Kurtz v. State, 22 Fla. 44, 1 Am. St. Rep. 173. A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a public offense. Pen. Code Cal. § 807. The word "magistrate" does not necessarily imply an officer exercising any judicial functions, and might very well be held to embrace notaries and commissioners of deeds. Schultz v. Merchants' Ins. Co., 57 Mo. 336.

— Chief magistrate. The highest or principal executive officer of a state (the governor) or of the United States (the president)

— Committing magistrate. An inferior judicial officer who is invested with authority to conduct the preliminary hearing of persons charged with crime, and either to discharge them for lack of sufficient prima facie evidence or to commit them to jail to await trial or (in some jurisdictions) to accept bail and release them thereon.

— Police magistrate. An inferior judicial officer having jurisdiction of minor criminal offenses, breaches of police regulations, and the like ; so called to distinguish them from magistrates who have jurisdiction in civil cases also, as j'ustices of the peace. People v. Curley, 5 Colo. 416; McDermont v. Dinnie, 6 N. D. 278, 69 N. W. 295.

— Stipendiary magistrates. In Great Britain, the magistrates or police judges sitting in the cities and large towns, and appointed by the home secretary, are so calied, as distinguished from the justices of the peace in the counties who have the authority of magistrates.

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A public officer belonging to the civil organization of the state, and invested with powers and funect.ons which may be either judicial, legislative, or executive, But the term is commonly used in a nar. rower sense, designating, in England, a person intrusted with the commission of the peace, and, in America, one of the class of inferior judicial officers, such as justices of the peace and police justices, eharged with a public offense. Pen. Code Gal. § 807. The word “magistrate” does not necessarily lmply an officer exercising any judicial functions, and might very well be held to embrace notaries and commissioners of deeds. 57 Mo. 336.

!" 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."*

A public civil officer; a person intrusted with the commission of the peace.

A person intrusted with power as a civil officer; one vested with public civil authority; one charged with the execution of municipal laws. A person intrusted with the commission of the peace for any county, city, borough, or other jurisdiction. Muzley J- W. Of magistrates, 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. Wharton. An alderman of a city is a magistrate, within an enactment allowing deeds to be acknowledged before a magistrate. Gordon V. Hobart, 2 Sumn. 401. The word magistrate, in such a statute, includes an American consul at a foreign port. To fix any definite meaning to the word is difficult; it seems intended to indicate a class of officers exercising an authority similar to that of justices of the peace. It means any ministerial officer exercising like powers with a justice of the peace when acting in his ministerial capacity. Scanlan V. Wright, 13 Pick. 523.