THE LAW OF JUSTICES OF

THE PEACE

DEFINITION AND HISTORY

1. A justice of the peace is an inferior or local judge chosen in each country, town, or district, to preserve the peace, to try minor causes, and to discharge other functions, as the legalizing of papers for record.'

In England, early in the 14th century, certain peculiar officers were appointed by the common law for the maintenance of the public peace, some of which were known as conservators of the peace. Queen Isabel, the wife of Edward II, contrived to depose her husband by a forced resignation of the crown and had set up his son Edward III in his place. This being a thing without example in England, it was feared would much alarm the people, especially as the old king was living, though hurried about from castle to castle, till at last he met with an untimely death. Therefore, to prevent any risings or other disturbances of the peace, the new king caused parliament to ordain that good men in every county should be assigned to keep the peace. Thus was the election of conservators of the peace taken from the people and given to the king, this assignment being construed to be by the king's commission; but they were still called conservators, wardens, or keepers of the peace, until the passage of a statute gave them general power to try felonies, and then they acquired the more honorable appellation of justices.'

1 Cent. Dict.

21 Black. Comm. 349-351.

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During the reign of Queen Elizabeth the office assumed nearly the form in which it exists today.' It thus appears that the authority of a justice of the peace, in its origin, was purely ministerial- to prevent breaches of the peace and bring criminals to justice. His acquired civil power is wholly statutory, and where none is expressly conferred he does not possess any."

In the United States, the growth of this office began from the mere ministerial one that it was in England, being so established in the colonies, with only criminal jurisdiction at first, but subsequently securing by statutory enactment cognizance of civil cases of small pecuniary concern, which has been enlarged from time to time so as to include causes involving larger amounts, and actions of debt, assumpsit, trespass, summary proceedings, attachment, replevin, and forcible entry and detainer. The limit as to the amount in controversy varies from one hundred dollars to three hundred dollars. Formerly torts and actions for unliquidated damages were not included, but the tendency of modern legislation is to include actions of torts."

CORRELATIVE OFFICERS

2. Justices of the Quorum. - Justices of the peace are not classified into different kinds, although in the matter of jurisdiction their powers differ in some respects. In the English system, something akin to grades grew out of the practice of constituting justices of the quorum, a distinction conferred upon some of the justices in each county, by directing, in the commission authorizing the holding of quarter sessions, that among those holding the court must be two or more of several specially named. Sitting as justices of the quorum, any two or more had power to inquire. into and determine felonies and misdemeanors. The commission named some particular justices, or one of them, to be included in the quorum, and the presence of the person

3 Stat. 32 & 33 Eliz.

431 N. J. Law 47 (1864), citing 1 Salk.

(Eng.) 406.

5 Bouv. Law Dict.

6 See subtitle Jurisdiction infra.

or persons so named was always necessary to give legality to the proceedings.' In the United States, there is little mention of justices of the quorum in the textbooks or decided cases. In Maine, it is held that where the statute requires the presence of a given number of justices of the quoruin, that number is necessary to the legality of the proceedings specified."

3. Borough Justices. - A justice of the peace in England, by the early statutes, was a county officer. At first, two or three were appointed in each county; subsequently, four, six, and eight successively were named, and the increase of matters within the jurisdiction of justices necessitated a still greater increase in their number. These justices had jurisdiction in their respective counties. In the boroughs, there were created special justices, ex officio peace officers, known as borough justices. It was necessary, however, for the act creating borough justices, to declare in terms that the jurisdiction in the borough belonged to the borough justice and not to the county justice, within whose district the borough was situated; and the authority of the borough justice could, therefore, be exercised only in the borough to which he was appointed.

4. Magistrates and Aldermen. - Besides the classes of justices above described, there are officers known as magistrates, aldermen, charter justices, and stipendiary magistrates.

The word magistrate, in its general acceptation, signifies any person in authority-a ruler of whatever sort. In this sense a king, a president, a governor, a sheriff, a justice of the peace, each is a magistrate. The term, therefore, comprehends all of the officers herein described. The president of the United States is the chief magistrate of that nation; the governors of the respective states are the chief magistrates thereof. Specifically, a magistrate is the presiding officer of a municipal court, not of record, with such jurisdiction of civil and criminal causes as is conferred by statute, and 8 19 Me. 454 (1841).

71 Black. Comm. 351.

possessing the same duties as a peace officer as are commonly possessed by a justice of the peace.

In England, it is customary to apply the term justice of the peace to persons whose names are in the commission of the peace for counties, ridings, and divisions, and the term magistrate to those who act for cities, boroughs, or other chartered districts. For this reason, both justices of the peace and magistrates, in England, may be described as judges of record appointed by the king's commission to be justices within certain limits for the conservation of the peace, and for the execution of divers things comprehended within their commissions.*

5. An alderman in the United States is a judicial officer in a city authorized to be chosen by the charter or act of incorporation of the city, from which, and by virtue of general statutes, he derives his powers and jurisdiction. He is the same sort of official in the district in which he officiates as a magistrate or justice of the peace is in each of their respective districts. In addition to the powers conferred by statutes, aldermen have special jurisdiction of prosecutions and suits under the ordinances of the cities in which they officiate, with particular powers in reference to the police and government thereof. Although an alderman has jurisdiction in his ward, his process or writs may be served anywhere within the city. Usually, the forms of procedure in the court of an alderman are the same as those of a justice of the peace or magistrate. His authority as a justice of the peace is derived from the laws of the state in which he officiates, and he is bound in this regard by the statutes of his state applying to justices of the peace.

In some of the larger cities of the United States, there are boards of aldermen composed of the aldermen representing each ward, which boards form the upper house of the municipal legislature of those cities; in other cities, the aldermen are members of the mayor's court, which has jurisdiction.

9 Saund. Mag. Pr. (5th Ed.), by J. A. Foote. p. 2.

10 McKinn. Jus. (4th Ed.), pp. 138, 139.

over certain offenses." The office of alderman has been abolished in some of the great centers of population to be superseded by the office of magistrate who, as has been seen, possesses the same powers, jurisdiction, and duties as those exercised by an alderman or a justice of the peace. In Philadelphia, where this has taken place, provision was made for the change in the state constitution, as follows: "In Philadelphia, there shall be established for each thirty thousand inhabitants, one court, not of record, of police and civil causes, with jurisdiction not exceeding one hundred dollars; such courts shall be held by magistrates, whose term of office shall be five years; . . . and shall exercise such jurisdiction, civil and criminal, except as herein provided, as is now exercised by aldermen, subject to such changes, not involving an increase of civil jurisdiction or conferring political duties, as may be made by law. In Philadelphia, the office of alderman is abolished." This provision was made previous to the enactment of the statute enlarging the jurisdiction of justices of the peace, aldermen, and magistrates in civil causes to actions wherein the sum demanded does not exceed three hundred dollars."

In English law, an alderman is defined as an associate to the chief civil magistrate of a corporate town or city." In the Anglo-Saxon period of English history the title meant. simply chieftain or lord, but was used later to denote specifically the chief magistrate of a county or group of counties. The aldermen of the city of London were probably, originally, the chiefs of guilds. In England and Ireland, besides being a member of the common council, which manages the affairs of the municipality, an alderman is vested with the powers of the police judge. The corresponding title in Scotland is bailic."

11 McKinn. Jus. (4th Ed.), p 139.

12 Const. Pa., 1874, Art. V, Sec. 12.

13 Pa. P. L., 1879, p. 194, Sec. 1.

14 Bouv. Law Dict. Note: The word alderman was formerly of very extended signification. Spellman enumerates eleven classes of aldermen. Their duties among the Saxons embraced both magisterial and executive power, but would seem to have been rather an appellation of honor, originally, than a distinguishing mark of office.

15 Cent. Dict.