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Justice of the Peace

party, justices, jurisdiction, amount and question

JUSTICE OF THE PEACE, the word justice is applied to judicial magistrates ; as justices of such a court, and, in the English laws, justices of the forest, hun dred, or the laborers, &c.; and hence the appellation justice of the peace—that is, a judicial magistrate intrusted with the conservation of the peace. A great part tf the civil officers, are, in fact, the con servators of the peace, as their duty is to prevent or punish breaches of the peace. Thus the judges, grand-jurymen, justices of the peace, mayors and aldermen or municipal corporations, sheriffs, coro ners, constables, watchmen, and eh offi cers of the police, are instituted For the purpose of preventing, in different ways, crimes and disturbances of the peace of the community, or for arresting, trying and punishing the violators of the laws and good order of society. In England and the United States, the justice of the peace, though not high in rank, is an offi cer of great importance, as the first ju dicial proceedings are had before him in regard to arresting persons accused of grave offences ; and his jurisdiction ex tends to trial and adjudication for small offences. In case of the commission of a crime or a breitch of the peace, a corn plaint is made to one of these magistrates. If he is satisfied with the evidence of a commission of some offence, the cogni sance of which belongs to him, either for the purpose of arresting, or for trying the party accused, he issues a warrant directed to aconstable, or other executive officer designated by the law fur this purpose, ordering the person complained of to be brought before him, and he there upon tries the party, if the offence be within his jurisdiction, and acquits him or awards punishment. If the offence charged be of a graver character, the ad judication upon which is not within the justice's jurisdiction, the question then is, whether the party complained of is to he imprisoned, or required to give bonds to await his trial before the tribunal having jurisdiction, or is to be discharg ed ; and on these questions the jus tice decides according to his view of the law and the facts. In the United

States, the ofliee is held only by special appointment, and the tenure is different in different states, the office having been held, in one state at least, during good behavior; but the commission is more usually for seven years, or some other specific limited period. These magis trates have usually also a civil jurisdic tion, of suits for debts, on promises, or for trespasses, (where the title to real es tate does not come in question, and with some other exceptions,) to an amount varying, in the different states, from $13.33 to $100. In some states, a party may appeal from the decision of the jus tice to a higher tribunal, whatever may be the amount in question. in a civil suit, and whatever may be the judgment. In other states, no appeal is allowed, except in ease of an amount in question exceed ing four dollars, or some other certain, but always inconsiderable sum. So tin appeal is usually allowed to the aocused party in a criminal prosecution before a justice of the peace, in case of the judg ment being for a penalty over a certain specified and small amount, or an impris onment over a certain number of days. It is evidently of the greatest importance to the peace and good order of a community, that the justices should be discreet, hon est, and intelligent.