case colonel layton case a commitment by a Lord mayor of London on the view of  a forcible detainer subscribe a b mayor without add and justice of the peace  be good for by the statute Henry c all mayor be make justice of peace S c post  S c salk S c fort colonel Layton be bring into court by habeas corpus have be  commit by the Lord mayor of London on his own view for a forcible entry into  the fleet prison and for a forcible detainer thereof the title Layton claim by  be that this prison be by a judgement of this court seize into the queen hand  under who he claim modern report er p sir James Montague except that it do not  appear that it be do by a justice of the peace for the subscription be by Owen  Buckingham mayor and do not say a justice of the peace Raymond it be necessary  that the person who commit for a forcible entry ought to entitle himself to a  jurisdiction by subscribe himself a justice of peace lamb modern report Mr  attorney in answer to this objection say the court will couple the warrant to  the conviction for that he say be the reason of remove it hither by certiorari  whereby it will appear to the court that there be a judgement to find the  warrant of commitment upon Broderick sergeant the Lord mayor of London army  duty before any act of parliament for justice of the peace be a conservator of  the peace and thereof the court will take notice and also upon account of the  statute Henry c which make all mayor justice of the peace and the warrant have  a reference to the conviction and so long as the conviction stand the warrant  shall be supply by a reference to that the whole court say that this objection  of his sign mayor and not justice be sufficient answer for that the defect be  supply by the statute Henry the six which make all mayor justice a second  exception be that a justice of the peace can set a fine by virtue of the  statute Richard c but ought to refer to the quarter session and cite band be  case a cro James a what power the justice have ought to be execute eastern  instanter Broderick sergeant by the record it appear all be do eastern  instanter Eyre this be a commitment in execution the statute Richard c be find  upon the statute Richard c and so be the statute Henry c holt chief justice  say the justice of peace may set a fine but he ought immediate to commit he  where by his own view he find a forcible detain and then as he be a judge of  the record he may adjourn his court and then set a fine upon he and commit he  in the mean time a three exception be that it be say to be within the liberty  and not within the city itself for the lord mayor have not jurisdiction  everywhere within the liberty holt chief justice say upon a view of forcible  detainer the party may plead that he and his ancestor have be in peaceable  possession three year and the justice ought to accept the plea and try it as  well in this case as in the case of restitution and ought to stop restitution  till such issue be try by the commonlaw he say a man may defend his house by  force and arm for it be his castle but these statute restrain he to be speak  to again b in Michaelmas term Ann the judge give their opinion seriatim that  the conviction be good S c fort b