case helier against hundred de BENIIURST easter term car roll Berks the  examination upon oath require by the Elizabeth c in the case of hue and cry  may be take by a justice of the county though he be not in the county at the  time of take it for it be a ministerial act Jones roll Abr Leon side bull n p  Com dig dougl the court will judge from the special matter find by a jury  although they first find a general verdict accord to the issue ante hob cro  Elizabeth cro James dyer roll ab term Rep term Rep a justice of the peace can  exercise any jurisdiction or do any judicial act out of the borough or county  for which he be appoint Dalton c hale but a justice of the peace may take a  mere examination out of his borough or county relate to a act do in it for it  be not a act of jurisdiction action upon the statute of Winton Edward saint ch  for that he be rob of seventy pound and make hue and cry and amends be not  make nor any of the robber take and count upon the statute of Winton and that  he take his oath before croak car John sander justice of the peace within the  say county of Berks and croak car er p inhabit within the hundred within  twenty day before his writ bring that he be rob and do not know any of the  party accord to the Elizabeth c upon not guilty plead a special verdict be  find as for the plaintiff accord to the declaration and further that he take  his oath before the say John sander justice of the peace of the say county and  inhabit in the say hundred at his chamber in the middle temple London and so  conclude if upon all the matter the court shall adjudge for the plaintiff they  find for the plaintiff and if c for the defendant the main question be whether  this examination and oath be take secundum form to cause to stand this matter  be argue at the bar it be allege by the defendant counsel that a justice of  peace have only his jurisdiction within the county where be be a justice of  the peace and may not elsewhere exercise his jurisdiction and this examination  be as justice of the peace of the county where the same fact be do the  Elizabeth c appoint the oath and examination to be take by justice of the  county inhabit in or near the hundred a and what be do out of the county be in  person non judge and for that purpose be cite Edward pl and Plowd plait case  that a justice of peace can exercise his jurisdiction out of his county to  commit any felon but Littleton and Grimston for the plaintiff move that this  verdict find that he take the examination accord to the form of the statute  and so a general verdict at the first the find after this special matter be  not to purpose as the case of sir Roland Heyward assumpsit the jury find a  general verdict accord to the issue and a special matter against it the last  be void but the court take not any regard to this reason for the matter in law  be find the court shall adjudge accord to it second they move for the matter  that the examination be well take in London for the statute do not appoint  that it shall be take in the county but by a justice of the peace of the  county inhabit in or near the hundred c and that within twenty day before the  writ bring because be will by intendment be more careful in the examine he be  paytaker of the burden if it shall be recover against the hundred and he be to  examine as well concern the robbery as whether he know any of the person who  rob he and they say that of these matter in whatsoever place he be he may take  cognizance and examination and that they have see a report James that a  justice of peace take a recognizance out of the county it be good enough for  which c and it be move again all the justice agree that be be say to be a  justice of peace inhabit in the hundred where his wife family and himself be  usual commorant a though in the term time he be at London but hide chief  justice and Whitlock conceive at first that the examination can be take out of  the county because it be out croak car of his jurisdiction where he be justice  of peace for their jurisdiction be private but justice of the king bench may  take such examination or exercise jurisdiction in any place for their  authority be general and compare it to the case where two justice of peace  upon the Elizabeth c set down a order for the keep of a bastard it can be do  by they out of the county also by the Elizabeth c of labourer order of justice  of peace ought to be by they which be inhabitant in the county and when they  be in the county and not to be make by they out of the same and therefore  because it be take out of the county they hold it be ill but Jones and myself  conceive that this examination and oath although find to be take in London he  be a justice of peace of the say county and inhabit in the hundred be a person  who the statute appoint and authoriseth to take examination and that be take  by he who by intendment will have strict care to the examination because  himself may be liable to part of the charge it be not material where it be  take and it be not any act of exercise jurisdiction but rather a direction  that such oath and examination shall be take before such a person as if it be  appoint that such a oath shall be take before some knight or judge inhabit a  hawk ch p hale p c hale p c croak car er p ing within the hundred that be not  any point of jurisdiction but a description of the person before who the  examination shall be take and which may be as well take in any other place as  in the county and therefore it be say that there be difference where a justice  of peace do a act to compel another to perform as to imprison any for  nonperformance or to command one for any offence to be imprison such act can  be do in any place but where his jurisdiction extend but it be a usual course  for justice of peace to take information against offender in any place out of  the county to prove offence in the county where they be commit and sometime  they take recognizance to prosecute and such recognizance take out of the  county by voluntary assent of the party bind well enough and be usual but they  can compel any out of the county to enter into a recognizance for they can use  coercive power out of the county whereupon the court will advice afterward  this case be propound at the table in sergeantsinn to the chief baron and to  baron Denham baron Trevor baron Weston and to justice Harvey and I propound it  to justice Hutton they all after advice agree that this examination take in  London by a justice of peace of the county inhabit in the hundred though at  that time be be out of the county be good enough and justice Whitlock  afterward agree thereto because it be not a act of jurisdiction but only  matter of examination to enable the plaintiff to his action whereupon  afterward by the assent of hide chief justice judgement be give for the  plaintiff in the ass pl justice of assize take verdict in other county I Henry  pl distress may be drive into another county c and in the Elizabeth in the  common plea in the case of Charen v Barens a bishop of Ireland be in England  commit administration of the good of one who die intestate within his diocese  in Ireland and adjudge good