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Conventicle Act

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49-783: (Redirected from Conventicles Act ) Conventicle Act may refer to: English Acts of Parliament: Conventicle Act 1664 Conventicles Act 1670 Conventicle Act (Sweden) , in effect 1726–1858 in Sweden and until 1870 in Finland Conventicle Act (Denmark–Norway) ; in effect 1741–1848 in Denmark and until 1842 in Norway See also [ edit ] Religion Act 1592 , in England Topics referred to by

98-565: A JP in Queensland was Matilda (Maud) Hennessey of Mackay on 24 April 1918. Justices of the peace and bail justices, who are also volunteers, are appointed to serve a semi-judicial function in all areas of the Victorian community. The main official roles in the Victorian community include witnessing statutory declarations, witnessing affidavits and hearing bail matters outside court hours (bail justices only). The first woman to become

147-597: A JP in Victoria was Mary Catherine Rogers who, in 1920, became the first woman councillor in Australia when she was elected in the City of Richmond . Justices of the peace provide a service to the community as independent witnesses of statutory declarations, powers of attorney and affidavits. JPs, who are also volunteers, are selected through an extensive interview, written exam and practical testing. They are recommended by

196-549: A JP. They must not charge a fee or accept a gift for providing JP services, tell people what to write in a statutory declaration or affidavit or write it for them or give them legal advice. Ways to find a JP in New South Wales include: 1. Search the JP Public Register. The register lists all JPs for each postcode area and provides a telephone contact number for JPs who serve the community directly. 2. Check

245-508: A commission ( letters patent ) to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction , such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are (or were) usually not required to have any formal legal education in order to qualify for

294-416: A court session, a justice can perform other judicial functions, such as issuing search warrants. In Ontario , justices of the peace can preside over judicial interim release (bail) hearings and other criminal hearings. JPs can also exercise jurisdiction over provincial regulatory offences and municipal by-law prosecutions. JPs must retire by reaching the age of 65, but may continue working until 75 subject to

343-597: A justice of the peace can be the highest governmental representative, so in fact 'gubernatorial', in a colonial entity. This was the case in the Tati Concessions Land , a gold-mining concession (territory) in the Matabele kingdom , until its annexation by the British Bechuanaland protectorate. A justice of the peace in Australia is typically someone of good stature in the community who

392-634: A major element of the English (later British) governmental system, which in modern times has sometimes been termed a squirearchy (i.e., dominance of the land-owning gentry ). For example, historian Tim Blanning notes that while in Britain the royal prerogative was decisively curbed by the Bill of Rights 1689 , in practice the central government in London had a greater ability to get its policies implemented in

441-537: A paid stipendiary magistrate . The Municipal Corporations Act 1835 stripped the power to appoint normal JPs from those municipal corporations that had it. This was replaced by the present system, where the Lord Chancellor nominates candidates with local advice, for appointment by the Crown . Until the introduction of elected county councils in the 19th century, JPs, in quarter sessions , also administered

490-740: A police magistrate in the Women's Court of the City of Edmonton (Alberta) on 19 June 1916. In British Columbia , pursuant to the Provincial Court Act , all judges are justices of the peace, and hence all of them are peace officers . In the Northwest Territories , justices may hear summary conviction matters, municipal by-laws, and certain criminal matters. However, in more populated provinces justices usually preside over bail hearings and provincial offences courts. When not in

539-463: A public listing of scheduled JP services to find when JPs are available at scheduled times and locations across the state. In the early years of the Colony of New South Wales , justices of the peace had far greater responsibilities and broader roles in the administration of justice than now. In South Australia, there are two types of justices: justice of the peace and special justices. A justice of

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588-583: Is authorised to witness and sign statutory declarations and affidavits and to certify copies of original documents. [2] There are no Federal level JPs in Australia, as this power is devolved to the State and Territory Governments. Where a Federal Government document or task requires the services of a JP, the rules of each individual State or Territory government will dictate if they have the authority to assist. Criteria for appointment vary widely, depending on

637-521: Is different from Wikidata All article disambiguation pages All disambiguation pages Conventicle Act 1664 The Conventicle Act 1664 was an Act of the Parliament of England ( 16 Cha. 2 . c. 4 ) that forbade conventicles , defined as religious assemblies of more than five people other than an immediate family, outside the auspices of the Church of England and the rubrics of

686-623: Is for life, unless a JP resigns, is suspended/dismissed from office, or resides outside of the ACT for a period of more than 12 consecutive months. JPs for the ACT also cover the Australian External Territory of Norfolk Island , and the Internal Jervis Bay Territory , subject to local law variations in those two jurisdictions. In the state of Queensland , a "justice of the peace (qualified)" has

735-584: Is not a punishment, but a preventive measure, intended to ensure that people thought likely to offend will not do so. The justices' alternative title of " magistrate " dates from the 16th century, although the word had been in use centuries earlier to describe some legal officials of Roman times. In the centuries from the Tudor period until the onset of the Industrial Revolution , the JPs constituted

784-602: The 1662 Book of Common Prayer . This law was a part of the Clarendon Code , named after Edward Hyde, 1st Earl of Clarendon , which aimed to discourage nonconformism and to strengthen the position of the Established Church but the Clarendon Code was not actually the work of Clarendon himself, who favoured a policy of greater tolerance towards dissenters. These prohibitions led many, such as

833-485: The Covenanters , to vacate their parishes rather than submit to the new Episcopal authorities. Just as the ministers left so too did the congregations, following their old pastors to sermons on the hillside. From small beginnings these field assemblies—or conventicles—were to grow into major problems of public order for the government. The operation of the Clarendon Code at least as far as Protestants were concerned

882-527: The English Jews , by an act of omission, as it were, became subjects, under no more disabilities than those inherent in their own unwillingness, like Catholics and Nonconformists, to belong to the Church of England or, in their particular case, to swear Christian oaths. Justice of the peace A justice of the peace ( JP ) is a judicial officer of a lower court , elected or appointed by means of

931-478: The Religion Act 1592 was still in force. Secondly, it declared that if any person aged sixteen or over after the 1 July 1664 is present at any religious meeting other than of the Church of England where there are five persons or more assembled together (other than those of the same household), then they would be tried by two justices of the peace or one chief magistrate , without a jury. If found guilty,

980-810: The post-nominals JP and BJ respectively after their names. The primary role of a bail justice is to hear bail applications, including after-hours bail, (under the Bail Act 1977 (Vic) ) and to hear applications for Interim Accommodation Orders for children (under the Children, Youth and Families Act 2005 (Vic) ) within Victoria. Bail justices can also witness Victorian statutory declarations and affidavits. Bail justices are appointed for terms of four years and may be re-appointed repeatedly until they attain 70 years of age. They are often required to attend call outs and rule on bail applications or protection applications for children in danger on weekends and late at night when

1029-632: The Conventicle Act was passed, the Jews, led by their new rabbi Jacob Sasportas , took their anxieties to Charles II, who told them, "laughing and spitting", not to worry; later the Privy Council put it in writing that Jews could "promise themselves the effects of the same favour as formerly they have had, so long as they demean themselves peaceably and quietly, with due obedience to His Majesty's laws and without scandal to his government". Thus

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1078-640: The Judges of the Supreme Court are Justices of the Peace within and for of the whole of Bangladesh , Sessions Judges, Chief Judicial Magistrate and Metropolitan Magistrates are Justices of the Peace within their respective jurisdictions. (Justice of the peace for the mafassal ) 22. The Government may, by notification in the official Gazette, appoint such persons resident within Bangladesh and not being

1127-603: The WA Police to sign search warrants and authorise the issuing of summonses. The administrative tasks include witnessing affidavits and documents such as wills and statutory declarations. "Visiting justices" are a special group of justices of the peace, appointed to preside over cases within the prison system. JPs for Western Australia also cover the Australian External Territories of Cocos (Keeling) Islands and Christmas Island . In Belgium ,

1176-409: The act, and no other prosecution could be brought for the offence. A special clause applied to Quakers who refused to swear an oath in court without due reason. They were immediately declared guilty and sentenced to transportation. Minor variations in procedure and penalties were also made for peers of the realm . The Act was to remain in force for three years. Although aimed at Nonconformists, when

1225-403: The additional powers to issue search warrants and arrest warrants and, in conjunction with another justice of the peace (qualified) constitute a magistrates' court for exercising powers to remand defendants in custody, grant bail, and adjourn court hearings. Some justices are appointed as justice of the peace (magistrates' court), usually in remote Aboriginal communities, to perform many of

1274-579: The approval of the Chief Justice of the Ontario Court of Justice . In Quebec, there are two type of justices of the peace, administrative justice of the peace and presiding justice of the peace. Administrative justice of the peace are court officers appointed by the Minister of Justice , and perform duties such as receiving criminal informations and issuing warrants. Presiding justice of

1323-455: The community, the justice was typically a member of the gentry . The justices of the peace conducted arraignments in all criminal cases, and tried misdemeanours and infractions of local ordinances and bylaws . Towns and boroughs with enough burdensome judicial business that could not find volunteers for the unpaid role of justice of the peace had to petition the Crown for authority to hire

1372-534: The county at a local level. Their many roles included regulating wages and food supplies, managing roads, bridges, prisons and workhouses and they undertook to provide and supervise locally those services mandated by the Crown and Parliament for the welfare of the county. To this end they set the County Rate, where one was set at all. Women were not allowed to become JPs in the United Kingdom until 1919,

1421-463: The courts are closed. Candidates must successfully complete a three-day training course run by the Department of Justice. Bail justices, also have some limited powers under federal legislation, including the power to conduct interstate extradition hearings and extending question time for federal police. The most common functions performed by a justice of the peace in New South Wales are to witness

1470-596: The first woman being Ada Summers , the Mayor of Stalybridge , who was a JP by virtue of her office. In October 1920 Summers was appointed a JP in her own right, alongside other pioneers including Edith Sutton and Miriam Lightowler OBE in Halifax. Emily Murphy of Edmonton, Canada, preceded her by some three and a half years. As at 2018 in England and Wales, about one-third of JPs are women. In special circumstances,

1519-460: The functions that might otherwise fall to a stipendiary magistrate . In Queensland, a lawyer may be appointed as a Justice of the Peace without further education or qualification and has the full powers of a JP (Magistrate's Court). A commissioner for declarations (C.dec) has powers limited to witnessing documents, witnessing statutory declarations, witnessing affidavits, witnessing and administering oaths and affirmations. The first woman to become

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1568-462: The justices of the peace ( Dutch : vredegerecht , French : justice de paix , German : Friedensgericht ) function as the small claims courts in the country's judicial system ; they stand at the bottom of the Belgian judicial hierarchy and only handle civil cases. There is a justice of the peace in each judicial canton of Belgium , of which there are 187 in total as of 2017. The justices of

1617-498: The land to "guard the peace"; such individuals were first referred to as conservators of the peace , or wardens of the peace. The title justice of the peace derives from 1361, in the reign of Edward III . The "peace" to be guarded is the sovereign's, the maintenance of which is the duty of the Crown under the royal prerogative . Justices of the peace still use the power conferred or re-conferred on them since 1361 to bind over unruly persons "to be of good behaviour". The bind over

1666-585: The office. Some jurisdictions have varying forms of training for JPs. In 1195, Richard I ("the Lionheart") of England and his Minister Hubert Walter commissioned certain knights to preserve the peace in unruly areas. They were responsible to the King in ensuring that the law was upheld and preserving the " King's peace ". Therefore, they were known as "keepers of the peace". An act of 1327 had referred to "good and lawful men" to be appointed in every county in

1715-431: The peace also have original jurisdiction in certain aspects of family law , most notably legal guardianships for incapacitated seniors, and the involuntary commitment of the mentally ill to psychiatric facilities . The judgments made by the justices of the peace can, with some exceptions, be appealed to the tribunals of first instance . In Canada, justices of the peace play a role in the administration of justice at

1764-802: The peace are appointed by commission under the Great Seal , and can try some criminal matters and issue warrants. They are appointed from advocates of at least ten years' standing and serve full-time until the age of 70. In Yukon, justices of the peace are lay officers of the court. They sit in the Justice of the Peace Court, which is part of the Territorial Court of Yukon . The Code of Criminal Procedure, 1898 ( ACT NO. V OF 1898 ) [3] Chapter II OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES [4] 25. In virtue of their respective offices,

1813-526: The peace have original jurisdiction over cases in which the disputed amount does not exceed 5,000 euro (as of September 2018), except for the matters over which another court or tribunal has exclusive jurisdiction . In addition, the justices of the peace have original jurisdiction over a number of matters irrespective of the disputed amount, such as cases involving the renting or leasing of real estate , evictions , easement , land consolidation , consumer credit or unpaid utility bills . The justices of

1862-518: The peace in South Australia is typically someone of good stature in the community who is authorised to witness and sign statutory declarations , affidavits , waiver rights , search warrants , drug warrants, divorce documents, and to certify copies of original documents and to witness the signing of power of attorney and guardianship documents, providing the JP is satisfied with the capability of

1911-642: The peace in residence at nominated times. South Australia's first women justices were appointed in July 1915. Justices of the peace in Western Australia are appointed by the Governor who authorises them to carry out a wide range of official administrative and judicial duties in the community. As well as presiding in the Magistrates Court, justices of the peace are regularly called upon by

1960-450: The penalties were as follows: Subsequent sections of the Act allowed for the breaking up of such meetings, if a warrant had been issued, and the arresting of the convenor of the meeting, and the owner of the venue, who were subject to the same penalties as above, if found guilty. There were penalties for officials not carrying out court orders. The prosecution had to occur within three months of

2009-405: The provincial level. Justices are generally appointed by the lieutenant governors of Canada's provinces , and by the commissioners of Canada's territories , on the advice of their relevant premier or Attorney General . Canada made the second (first was in South Australia a year earlier) appointment in the then British Empire of a woman as a magistrate, namely Emily Murphy , who was sworn in as

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2058-474: The rural outlying regions than could contemporary absolute monarchies such as France – a paradox due especially to JPs belonging to the same social class as the Members of Parliament and thus having a direct interest in getting laws actually enforced and implemented on the ground. Being an unpaid office, undertaken voluntarily and sometimes more for the sake of renown or to confirm the justice's standing within

2107-427: The same term [REDACTED] This disambiguation page lists articles associated with the title Conventicle Act . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Conventicle_Act&oldid=1081590222 " Category : Disambiguation pages Hidden categories: Short description

2156-409: The signatory. A Special Justice (SJ) is a higher level of justice of the peace in South Australia; they sit on the bench of the magistrates' court hearing cases in the petty sessions division. The South Australian Attorney-General has set up a web site to locate justices of the peace. The majority of metropolitan and many regional Councils (Local Government authorities) have a rotational justice of

2205-404: The signing of a statutory declaration, witness the signing of an affidavit and certify that a copy of an original document is a true copy. JPs are appointed by the Governor of New South Wales for five-year terms. They are volunteers, who come from all walks of life and all sections of the community. JPs are people who are trusted to be honest, careful and impartial when performing the functions of

2254-419: The state attorney-general and appointed by the governor-in-council, and it is their job to authorise and witness statutory declarations and affidavits within the state of Victoria. As of August 2022, there are currently around 3500 JPs and bail justices in Victoria, who collectively sign more than 1.5 million documents and assist more than 350,000 people each year. Justices of the Peace and Bail Justices may use

2303-534: The state. In the Australian Capital Territory (Colloquially, "The ACT"), there is only the single level of 'Justice of the Peace'. They are appointed on an as-needed basis, and a potential appointee must be an Australian Citizen, and both a resident of, and enrolled on the electoral roll, of the territory. They must also not be an undischarged bankrupt, and consent to criminal history checks being undertaken prior to appointment. Appointment

2352-829: The subjects of any foreign State as it thinks fit to be Justices of the Peace within and for the local area mentioned in such notification. In Hong Kong, the historical functions of justices of the peace have been replaced by full-time, legally qualified magistrates . Nowadays, justices of the peace are essentially titles of honour given by the Government to community leaders, and to certain officials while they are in their terms of offices. They have no judicial functions, and their main duties include visiting prisons, institutions for young offenders and drug addicts, psychiatric hospitals, remand homes, places of refuge, reception and detention centres, administering statutory declarations, and serving as members of advisory panels. They also monitor

2401-465: Was mitigated somewhat by Charles II's Royal Declaration of Indulgence in 1672, which suspended the execution of the Penal Laws and allowed a certain number of non-conformist chapels to be staffed and constructed, with the pastors subject to royal approval. The Conventicle Act was formally repealed in 1689, although its authority had lapsed, by default, in 1667. Firstly, the Act confirmed that

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