The functions of justices of the peace arc exceedingly multifarious in the present day, for there are few departments of the law in which the aid of justices is not required for purposes either of administration or of judicial decision. For the last century especially, there has been a continual addition to their duties created by successive acts of parliament, and this is caused by certain remedies which either did not exist before being created, or by their being transferred from other courts and jurisdictions to the summary powers of justices. Of late about 20 statutes every year involve material alterations, chiefly by way of addition to this branch of jurisdiction. To enumerate all the beads of law which in part have been confided to the disposal of justices would require too much space; but it may suffice briefly to indicate the general character of their duties. These are either administrative or judicial. Thus, in carrying out the provisions of the poor-law, if the parish officers require to remove a pauper from one parish to another, instead of incrusting this power to these officers they are required to go before justices of the peace, so as to show the circumstances under which the removal taken place, and to satisfy the justices that the statutes on the subject have been complied with. But the great and distinguishing functions of justices are con cerned in the judicial decision of what are called offenses punishable by means of sum mary convictions or orders. The theory on which all this jurisdiction is founded is, that while the graver crimes must be left to the ordinary remedy of an indictment, and the slighter wrongs to that of an action at law, there are many intermediate offenses which are not worthy of the solemnity of an indictment, nor yet fit to be left to the slow, expensive, and often elusory result of a civil action. Hence this intermediate class of cases arises, which justices can puniSh by fine and imprisonment swiftly and decisively. Thus, if certain classes of servants employed in agriculture or mechanical arts suddenly break their engagement, they may be fined or imprisoned by justices, for if there were no speedy remedy like this, the mischief often caused to the master might go unredressed. In like manner justices punish poaching offenses, whether against fish or game, personal assaults, vagrancy offenses. etc.
Another important class of duties consists in the preparatory proceedings of ell criminal trials, as issuing the \variants to arrest, and examining witnesses so as to see jf there is a prima fitcie ground of suspicion sufficient to warrant the committal of such persoUs to be tried before juries. There are also various offenses of the class of misde
meanors which justices are entitled to try with the aid of a jury at quarter-sessions, lett none of the more serious offenses, are intrusted to their jurisdiction. The courts composed of justices are general or quarter-sessions where indictable offenses may he tried by juries and petty sessions and special sessions, where a great variety of judicial and administrative business is performed. All these duties are not only per formed gratuitously, but the justices are liable for mistakes often of a very innocent de scription, and have to pay damages for the injuries thereby caused to third parties. They- are protected to some extent, so far as they have acted judicially, but if any thing like malice can be proved against them, they seldom escape being sued and amerced in heavy damages.
As regards Scotland, the first act establishing justices was that of 1587. c. 82. The office was further regulated by acts in 1609, 1617, 1633; by instructions during- the Protectorate in 1655, embodied in the act 1661, which is the principal statute regulat ing the duties of justices. Two justices are held to form a quorum. / The jurisdictien of justices is coufinedin practice to the penal statutes in reference to revenue. high ways. lishings, game, and public-houses, and in many of these the sheriffs have cumulative jurisdiction. Their ordinary criminal jurisdiction is confined to breaches of the peace, petty thefts, and trifling'asaults. They appoint a procurator-fiscal or public prosecutor for their own court. The civil jurisdiction is chiefly confined to the small-debt court. In many counties the sheriff's small-debt court is the only tribunal resorted to. No particular qualification as regards rank or property is essential. The appointment is less popular, and the range of authority and jurisdiction. as just shown, is much inferior to what it is in England. This is chiefly due to a different arrangement of judicial business, and to the antiquity of the practice of local sheriff courts in Scotland, which are presided over by trained lawyers, who are paid by a fixed salary. These officers absorb much of the multifarious jurisdiction exercised by justices of the peace in England.