60 Mass. 333 | Mass. | 1850
Before this action was commenced, the standing justice of the police court heard the plaintiff state the facts of the case, and thereupon had a bias or prejudice in his favor. This is what we understand by the rather inappropriate language of the record, namely, that he became “ somewhat interested in the plaintiff’s favor.” The question is, whether, for this cause, the standing justice could legally decline to try the case, and the special justice legally try it.
The Rev. Sts. c. 87, § 31, provide, that when the standing justice of a police court “ is interested in any case pending or cognizable in his court, or is absent, or otherwise unable to hear and determine the same, the fact shall be stated on the record, and the case shall be heard and determined by one of the special justices.” And the statute establishing the police court in Taunton, (St. 1849, c. 127, § 8,) provides that the special justice “ shall have power, in case of the absence, sickness, interest, or any other disability of the standing justice, to issue the process of said court, and to hear and determine any matter or cause pending therein; the said cause being assigned on the record.”
Justices of police courts perform the duty which, in other courts, is performed by a jury. They decide Upon the facts, as well as the law. And if the bill of rights does not declare