JUSTICES OF THE PEACE are persons appointed to keep the peace within certain prescribed limits, with authority to act judicially in criminal causes, and in some of a civil nature arising within those limits, and also to do certain other things in which they act not judi cially but ministerially, that is, as servants of the crown performing official acts in respect of which they are entrusted with no judicial discretion. The authority of justices of the peace is derived from the king's prerogative of making courts for the administration of the law, or created by different statutes ; their duties are expressed in the royal commission appointing them to the office, or are prescribed by those statutes.
Before the reign of Edward III. there were in every county con servators of the peace, whose duty it was to afford protection against illegal force and violence. These conservators were chosen by the freeholders assembled in the county court under the king's writ.
The lord chancellor, the judges of the king's bench, and every sheriff and coroner, were conservators, and are now justices of the peace, by virtue of their office ; and some lands are holden under the annexed to the tenure of such lands of being conservators of the peace, or of providing fit persons to perform the duties of that office. High and petty constables are also by virtue of their offices conservators of the peace. The authority of conservators of the peace at the common law was the same as that now exercised by constables within their respective townships ; and their duty consisted in acting themselves, and commanding the assistance of others, in arresting and quieting those who in their presence and within the limits of their jurisdiction went about to break the peace.
The following account is generally given of the origin of the present justices of the peace. Upon the compulsory resignation of Edward II., Edward I11., or rather his mother Isabella, in his name, sent writs to the different sheriffs, stating that his accession had taken place with his father's assent, and commanding that the peace should be kept on pain of disinheritance and loss of life and limb. Within a few weeks from this time it was ordained, by 1 Edward IlL, stat. 2,e, 16, that for the better keeping and maintaining of the peace in every county, good and lawful men who were not maintainers of barretry (malveiz barrets) should be assigned to keep the peace. The mode in which these new keepers of the peace were to be assigned was construed to be by the king's commission ; and this ordinance had the double effect of trans ferring the appointment from the people to the crown, and of laying a foundation for the gradual accession of those powers which are now exercised by justices of the peace.
By 12 Richard II., c. I0, the wages of justices of the peace were fixed at four shillings per day of sessions, and two shillings for their clerks, payable out of the fines and amerciaments at such sessions; but these wages, like those of members of parliament, have long ceased to be received, and the provisions respecting them were repealed by the stat.
18 & 19 Viet. c. 126.
Justices of the peace are appointed either by act of parliament, by royal charter (in the case of justices in boroughs not within the Municipal Corporation Act the charter usually appointing certain municipal officers to be justices, and prescribing the manner in which vacancies in the offices are to be filled up), or by a commission front the crown under the statute of 1 Edward Ill. The form of the com mission of the peace has from time to time been altered, and the authority of the justices enlarged. As now framed it consists of two distinct parts, and contains two separate assignments or grants of authority. 01 these the former gives to any one or more justices not only all the power relating to the maintenance of the peace which was possessed by the conservators at common law, but also all the additional authority mentioned in the statutes. The latter assignment defines the power of justices when the whole body, or such of them as choose to attend, act together in general sessions. (SEsstoNs1 By 5 Geo. II., c. 18, no attorney, solicitor, or proctor shall bo a justice of the peace for any county whilst ho continues in practice, and a similar provision is contained in the 6 & 7 Viet., c. 73, a. 33. By 18 Geo. II., c. 20, no person shall be capable of acting as a justice of the feace for any county, riding, or division, within England or Wales, who shall not have, in law or equity, to and for his own use and benefit, in possession a freehold, copyhold, or customary estate for life, or for some greater estate, or an estate for some lung term of years determin able upon life or lives, or for a certain term originally created for twenty-one years or more, in lands, tenements, or hereditaments in England or Wales, of the clear yearly value of 100/. over and above all incumbrances affecting, and all rents and charges payable out of or in respect of the same, or who shall not be seised of or entitled to, in law or equity, to and for his own use and benefit, the immediate reversion or remainder of and in lands, tenements, and hereditaments, leased for one, two, or three lives, or for any term of years determinable on lives upon reserved rents, and which are of the yearly value of 300/., and who shall not have taken and subscribed an oath stating the nature of the qualifying estate. The third section of this statute imposes a penalty of IN/. upon those who act without having taken and sub scribed the oath, and for acting without beina. qualified. The statute, however, excepts from these provisions certain official persona, &e., and other exceptions have been since introduced. Thus the judges of the County Court may sit without the qualification (9 & 10 Viet., c. 95, s. 21.) A justice of the peace cannot legally act after he has ceased to be qualified ; but it is not necessary that he should continue to retain the same qualification, nor will the absence of a qualification render his acts absolutely void.