SUBORDINATE MAGISTRATES.

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and severally, to keep the peace, and any two or more of them to inquire of and determine felonies and other misdemeanours. When any person named in the commission intends to act under it, he sues out a writ of dedimus potestatem, from the Clerk of the Crown in Chancery, empowering certain persons therein named to administer the usual oaths to him pointed out by 31 & 32 Vict., c. 72; which done, he is at liberty to act. These justices, with the exception of particular classes, act gratuitously, receiving neither salary nor fees.*

CONSTABLES are of three sorts-high constables, petty constables, and special constables. Their general duty is to keep the Queen's peace in their several districts. High constables are appointed at Courts Leet, or by the provisions of stat. 7 & 8 Vict., c. 8. The duties of petty constables are very much altered by recent statutes, by which a Police Force or County Constabulary is created.†

SURVEYORS of the highways are constituted by various Acts of Parliament, and their duty consists in putting in execution a variety of laws for the repairs of the public highways. They may remove all annoyances in the highways, or give notice to the owner to remove them, and take measures as prescribed by Acts of Parliament for the sustentation and repair of highways, &c.

OVERSEERS OF THE POOR.-Public officers created by 43 Eliz., c. 2, to provide for the poor by raising competent sums for the necessary relief of the impotent, old, blind, and such other, being poor, and not able to work; and secondly, to provide work for such as are able, and cannot otherwise get employment. Churchwardens are by virtue of their office overseers of the poor. By stat. 12 & 13 Vict., c. 103, the management of the poor is entrusted to a central authority in London, called "The Commissioners for Administering the Laws for the Relief of the Poor in England," since called the

* See for powers, office, and duties of a Justice of the Peace, 11 & 12 Vict., c. 42; and 24 & 25 Vict., c. 96-9.

† See 2 & 3 Vict., c. 93; 3 & 4 Vict., c. 88; 12 & 13 Vict., c. 65; 19 & 20 Vict., c. 69; 20 Vict., c. 2; 22 & 23 Vict., c. 32 & 96. As to the appointment of Special Constables in cases of emergency, see 1 & 2 Wm. IV., c. 41; 5 & 6 Wm. IV., c. 43; and 19 & 20 Vict., c. 69.

Local Government Board,* who are empowered to issue general rules, subject to specified supervision. By the Poor Law Amendment Act, in connection with the new Act of 10 & 11 Vict., c. 109, the Commissioners are empowered, when they think it desirable, to direct that the relief of the poor in any parish shall be administered by a Board of Guardians, to be elected by the owners of property and ratepayers in such parish, in such manner as the Acts particularize; and they are directed to appoint Inspectors, for the purpose of exercising a visitorial power over workhouses, and of being present at meetings of guardians, or other local meetings held for the relief of the poor.

By 12 & 13 Vict., c. 2, the Poor Law Board are empowered to consolidate any number of parishes into one Union for the relief of the poor, when each parish has to elect one or more guardians, who act for the relief of the poor in the Union, subject to the rules of the Board.

* See Local Government Board Act, 1871, 34 & 35 Vict., c. 70; and for provision for giving shelter to the casual poor at night, see 27 & 28 Vict., c. 116; also 34 & 35 Vict., c. 108.

CHAPTER X.

THE PEOPLE.

Having treated of persons as they stand, in the public relations of magistrates, let us now proceed to consider such persons as fall under the denomination of the people.

Explain briefly the People-whether Aliens, Denizens, or Natives.

The first and most obvious division of the people is into natural-born subjects and aliens. Natural-born subjects are such as are born within the dominions of the Crown of England; that is, within the legiance, or, as it is generally called, the allegiance of the Sovereign; and aliens are such as are born out of it. Allegiance is the tie, or ligamen, which binds the subject to the Sovereign, in return for that protection which the Sovereign affords the subject.

Allegiance is both expressed and implied, and is distinguished by the law into two sorts or species; the one natural, the other local; the former being PERPETUAL, the latter TEMPORARY. Natural allegiance is such as is due from all men born within the dominions of the Crown immediately upon their birth. Immediately upon their birth, they are under the Sovereign's protection; for a time, too, when, during infancy, they are incapable of protecting themselves. Natural allegiance is, therefore, a debt of gratitude which cannot be forfeited, cancelled, or altered by any change of time, place, or circumstance, nor by anything but the united concurrence of the Legislature.

According to our law, an Englishman who removes to France or to China owes the same allegiance to the Sovereign of England there as at home, and will owe it twenty years hence,

as well as now. It is a principle of universal law that the naturalborn subject of one prince cannot by any act of his own—no not, even by swearing allegiance to another-put off or discharge his natural allegiance to the former; for this natural allegiance was intrinsic and primitive and antecedent to the other, and cannot be divested without the concurrent act of that prince to whom it was first due.

LOCAL allegiance is such as is due from an alien, or stranger born, for so long time as he continues within the Sovereign's dominions and protection, and it ceases the instant such stranger transfers himself from this kingdom to another.

By the recent Alien Act, 7 & 8 Vict., c. 66, almost all the rights and privileges of natural-born subjects may now be acquired by aliens intending to settle in this country, on obtaining the proper certificate and taking the prescribed oath. An alien woman, marrying a natural-born subject, becomes thereby naturalized. An alien, indicted for felony or misdemeanour, is entitled to be tried by a jury of one-half foreigners. The children of aliens, born in England, are natural-born subjects, and every child born abroad whose mother is a natural-born subject is capable of holding any real or personal estate.

The substituted oath for the old oath of allegiance is provided by 21 & 22 Vict., c. 48; and the form of affirmation by Quakers and others, 22 Vict., c. 10.

What is a Denizen?

A denizen is an alien born, but who has obtained, ex donatione regis, letters-patent to make him an English subject, or acquired the privileges of a natural-born subject, pursuant to 7 & 8 Vict., c. 66. He may take lands by purchase or devise, which an alien may not; but he cannot take by inheritance, for his parent, through whom he must claim, being an alien, has no inheritable blood, and therefore can convey none to the son. And, upon a like defect of hereditary blood, the issue of a denizen, born before denization, cannot inherit to him, but his issue born after may. No denizen can be of the Privy Council, or of either House of Parliament, or hold any office of trust, civil or military, or be capable of taking any grant of lands, &c., from the Crown.

A JEW.-THE CLERGY.

What is a Jew?

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One who professes Judaism. Our treatment of the Jews in early ages reflects little credit upon our humanity; but, as education progressed, a more liberal state of things has been introduced. Various Statutes of Queen Victoria give the Jews relief as to municipal offices, and they remove disabilities in regard to religious opinions, marriages, making declarations a qualification for office, and sitting in Parliament.

Give a brief explanation of that Body of the People called the Clergy.

The Clergy comprehend all persons in Holy Orders and in ecclesiastical offices, and are separate and set apart from the rest of the people, or laity. In order that they may attend more closely to the service of Almighty God, they have large privileges allowed them by our municipal laws. They cannot be compelled to serve in war, or on a jury; nor can they be chosen to any secular office, such as members of Parliament, sheriffs, bailiffs, constables, or the like.

The clergy are divided into various ranks and degrees, as archbishops, bishops, deans, canons, and prebendaries; archdeacons, rectors, vicars, and curates.

An ARCHBISHOP is the chief of the clergy in his province, has supreme power under the Crown in all ecclesiastical causes, and it is his province to superintend the conduct of other bishops, his suffragans or assistants. He is elected by the chapter of his cathedral church, by virtue of a license from the Crown called a congé d'élire. The selection is generally exercised by the government of the day. After election he sues to the Crown for an investiture of the temporalities of the bishopric, which, as a matter of course, follows. The archbishops are said to be enthroned when they are invested in the archbishopric, whereas bishops are said to be installed. England has two archbishops, Canterbury and York. The Archbishop of Canterbury is styled Primate of All England, and the Archbishop of York Primate of England.

A BISHOP is the chief of the clergy within a diocese, but is subordinate to the archbishop, to whom he is sworn to pay due obedience. The mode of his appointment is similar to that of an archbishop.