JUSTICE OF THE PEACE. In Great Brit ain and the United States, a minor official having both administrative and judicial functions, the latter principally of a criminal nature. In Eng land. justices of the peace are appointed by com mission of the Crown under the great seal, or by act of Parliament or charter, to exercise a cer tain limited authority in a county or borough. The person who practically appoints to the office is the Lord Chancellor, who in his discretion may include in the commission any person having an estate of II00 a year, clear of all rents and charges. All persons having the above qualifica tion may be appointed justices of the peace: but practicing attorneys or solicitors are not eligible for counties in which they practice. Tradition ally, the office of justice of the peace is entirely gratuitous. 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 magis trates, at a fixed salary. in the city of London and certain other places the Mayor and certain eorporators 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 conserva tors of the peace in every county chosen by the freeholders from among the principal men of the county to perform similar duties, but by a statute of Edward Ill. a change took place in the practice, and ever since the election of jus tices has been exercised by the Crown. Gradu ally the office grew more and more important, statutes being passed from time to time, adding to its duties and jurisdiction, until, in the thirtieth year of the reign of Elizabeth, the form of commission was revised, and was set tled nearly in the form which is now used. The commission is in the name of the sovereign, ad dressed to the appointee, by name, directing them "to keep our peace in our county of —. and to keep all ordinances and statutes for the good of the peace, and for the good rule and government of the people, and to chastise and punish all per sons that offend against the said ordinances."
The commission then authorizes the appointee to inquire "by the oath of good and lawful men, of all manner of felonies, poisonings, enchant ments, sorceries, arts, magic, trespasses, forestall ings, regratings, engrossings, and extortions whatsoever, and of all crimes and offenses," etc. To these extensive powers conferred by statute were added the more indefinite functions which long custom had vested in justices of the peace, constituting them in large measure the founda tion of the peace and order of the State. "The whole Christian world," says Lord Coke, "bath not the like office as justice of the peace, if duly executed." Their powers and duties in England are now mainly governed by a series of statutes enacted during the reign of the late Queen Vic toria. (3S and 39 Viet., c. 54; 45 and 46 Viet., e. 50; 11 and 12 Viet., c. 44.) Although the institution of justices of the peace, like so many of our institutions, is derived from England, the method employed for their creation differs in the United States from that adopted in the former country, and also differs in different States. In some instances they are appointed by the executive, in others elected by the people. Their powers and duties also vary in the different States, hut in most they have juris diction in minor cases, both civil and criminal. The extent and nature of their powers are usu ally defined by statute. The distinctive value of this class of magistrates is found in their power to prevent breaches of the peace, and to examine persons charged with the commission of crime or misdemeanor and hold to bail to answer in the upper court, or in default of bail to commit them to jail. In this latter particular their functions are somewhat analogous to those of a grand jury. Consult: Archbold, Justice of the Peace and Parish Officer (London, 1842) ; Stone, Justices Manual (London, annually) ; Blackstone's Com mentaries; Pollock and Maitland, History of English Lou': Wait, Lou' and Practice in Civil Actions and Proceedings in Justices Courts (7th ed., Albany, 1902).