JUSTICE OF THE PEACE, in England, is a person appointed by commission of the crown, or by act of parliament or charter, to exercise certain judicial authority in a county or borough. The person who practically appoints to the office is the lord chan cellor, who in his discretion may include in the commission certain persons who must have an estate of £100 a year, clear of all rents and charges; or if lie has no estate in pos session, but is entitled to the reversion thereof, if it be of the rent of £300 a year. AH persons having the above qualification may be appointed justices of the peace; but practicing attorneys or solicitors are not eligible for counties in which they practice. The office of justice of the peace is entirely gratuitous, for they receive neither salary nor fees, and hence the justices are often called the "great unpaid." But in modern practice it has been found necessary to deviate from this rule, and to appoint in all the cities and many large towns certain paid justices called stipendiary magistrates at a fixed salary. who discharge the duties of justices. which are necessarily onerous and impor tant. • In the city of London and certain other places the mayor and certain co•po•ators are constituted by charter justices of the peace by virtue of their office.
The institution of justices of the peace is very ancient. Previous to 1327 there were conservators of the peace in every county chosen by the freeholders out of the principal men of the county to preform similar duties, but by a statute of Edward III., a change took place in the practice, and ever since the election of justices has been taken from the people, and exercised by the crown. At first, however, they were still called merely conservators or keepers of the peace and were not dignified with their present title. Gradually, the office grew more and more important, in consequence of many statutes adding to their duties and jurisdiction, until, in the thirtieth year of the reign of Eliza beth, the form of commission was revised, and was settled nearly in the form which is now used. The commission is in the name of the sovereign, addressed to certain per
sons by name, and directing them "to keep our peace Liour county of —, and to keep all ordinances and statutes for the good of the peace, and for the good rule and govern ment of the people, and to chastise and punish all persons that offend against the said ordinances." The commission then assigns them to inquire " by the oath of and law ful men of all manner of felonies, poisonings, enchantments, sorceries, arts, magic. tres passes. forestallings, regratings, engrossings, and extortions 1%Idsoever, and of all crimes and offenses, etc." Formerly it was usual to select the most eminent to be of the COMM, a name derived from the first word of the clause quorum atiquem restrum A, B, C, D, etc., unum esse rolomus, and one of these must always be present; but now nearly all are included in the quorum clause; and it is no longer an objection to a warrant that one of the convicting justices is not of the quorum. When new justices are appointed the commission is sent by the clerk of the peace to the crown-office, where the names are inserted. On appointment, the justice must take an oath that he possesses the necessary estate as a qualification; and if he act without taking such oath, he incurs a penalty of £100. Each justice, on appointment, also takes the oath of allegiance, and the usual judicial oath. The appointment of a justice of the peace has always stood high in popular estimation, and is eagerly sought after by men of station, especially in the country. As the appointment is practically in the hands of the lord chancellor, it is a frequent charge brought by one political party against another that the appointments are given as rewards for political service; but owing to the frequent alternation of power among parties, the undue preponderance of one set of politicians is speedily neutralized by the acts of their successors.