6. Charter Justices and Stipendiary Magistrates. The city of London, and many other cities and boroughs in England that are not within the Municipal Corporation Act," possess charters or grants from the crown, under which justices of the peace are appointed instead of by the ordinary commission." Besides these, stipendiary justices, or salaried police magistrates, are appointed by the home secretary upon the resolution of the town council in the case of a borough, under the Municipal Corporation Act, or the local board of a city or place having a population of twenty-five thousand persons, in the case of a place not being a municipal corporation, which officials possess the authority and jurisdiction of justices of the peace.' 18 ELIGIBILITY AND SELECTION 7. Qualifications. In general, the qualifications of a person to be eligible to the office of justice of the peace are the same as are prescribed for any other public officer. In the United States, no particular qualifications are specified. by any law, but it is a recognized custom to select only those who are citizens of the county and of the state in which they are appointed or elected. Residence in the respective districts for which they are chosen is required. It is requisite also that the persons should be of good moral character and of full age." Minors and women are held to be ineligible." In England, additional qualifications are that the person must have been for two years immediately preceding his appointment the occupier of a dwelling house situated in England or Wales of the assessed value of at least one hundred pounds, upon which he must have paid the taxes during that time." 8. Disqualifications. - The common-law disqualifications of a justice of the peace are acceptance of an 16 Stat. 5 & 6 Wm. IV, c. 76. 17 Sand. Prac. Mag. Courts (5th Ed.), p. 14. 18 Bouv. Law Dict.; Stat. 21 & 22 Vict., c. 73. 19 Murf. Jus. Prac., Secs. 9-11; 20 Pa. Co. Ct. 405 (1898). 2024 Am. Rep. 66 (1876); 107 Mass. 604 (1871). 21 Stat. 38 & 39 Vict., c. 54. incompatible office and conviction of crime. By statutes, in the United States, a justice of the peace is disqualified from officiating in certain cases, as where he is related to either party in interest in a suit," but the relationship must be so near as to raise of itself evidence of partiality." By statute, in Connecticut, the justice is disqualified when "he or his son, father, brother, father-in-law, partner, clerk, or student, or any other person occupying the same office, shall act as attorney, or shall draw up the declaration."24 The rule that certain officers cannot hold incompatible offices applies to justices of the peace. In England, by statute, offices incompatible with the office of justice of the peace are those of sheriff and county treasurer." In the United States, by statute, the offices incompatible with the office of justice of the peace are those of town clerk, constable, deputy clerk of the county court, sheriff, deputy sheriff, and, by the constitution of Arkansas, state treasurer; but, in some states, the same person may fill the office of justice of the peace and be a member of the legislature, city clerk, or register of deeds." Federal offices that have been held to be incompatible with the office of justice of the peace are those of postmaster, assistant postmaster, and one under contract with the government to carry the mails." Offices which have been held compatible with the office in the United States, are those of members of the legislature, city clerk, and register of deeds."" 9. How Constituted. - In England, justices of the peace are appointed by the king, through the lord chancellor, except in the Duchy of Lancaster, where the appointment, though made by the crown, is effected through the chancellor of the Duchy. In some of the United States, justices of the peace are appointed by the governor to hold 22 11 Hun (N. Y.) 204 (1877). 23 17 Johns. (N. Y.) 133, 191 (1819). 254 B. & Ad. (Eng.) 9 (1832); 12 B. & D. (Eng.) 133 (1875). 27 14 Vt. 428 (1842); 4 Leigh (Va.) 643 (1832). 28 32 Me. 526 (1851); 52 Ind. 599 (1876); 68 Me. 594 (1878). 263 Me. 487 (1825); 38 N. Y. App. Div. 539 (1899); 25 Conn. 565 (1857); 73 Me. 129 (1882); 5 N. C. 485 (1810); 10 Ark. 142 (1849); 64 Me. 195 (1874); 2 Ark. 282 (1840). office during good behavior or for a certain length of time, but in most states they are elected for a term of years specified in the constitution, for particular counties, townships, or districts, as the case may be. The matter of selec tion is entirely dependent on the constitution and the statutes of the various states. In cities having magistrates, it is customary for all voters of the city to ballot for the full number of such officials, and their assignment to districts or wards is performed either by all the magistrates at a collective meeting, or, in some states, in other ways, as prescribed by the constitution'. 10. Oath of Office and Bond. - Before any person who has been appointed or elected to the office of justice of the peace can lawfully enter upon the discharge of his duties he must subscribe to the oath of office and file a bond. In the United States, the oath to be subscribed by a justice of the peace is the same as that required to be taken by other judicial officers, and consists of swearing or affirming to support the constitution of the United States and the state in which he is to officiate, and to perform faithfully and impartially the duties of the office." In England, a justice. of the peace is required to take the oath of allegiance to the ruling sovereign and also the judicial oath, by which he binds himself to truly serve the sovereign and "to do right to all manner of people after the laws and usages of the realm, without fear or favor, affection or ill will." 1930 The bond required of a justice of the peace is conditioned for the faithful application by him of all moneys that may come into his hands in his official capacity. It is commonly directed in the statute requiring a bond that the instrument is to be held for the benefit of such persons as may suffer injury from malfeasance in office on the part of the justice. The amount of the bond varies in different jurisdictions and districts. Where the justice is the owner of real property, equal in value to the amount of the bond required, the bond may be, 292 Barb. (N. Y.) 320 (1818). 30 Stat. 31 & 32 Vict., c. 72, Secs. 2, 4. and often is, dispensed with." It is provided, however, that where a justice who has not been required to file a bond is likely to become insolvent, the court of common pleas of the proper county may require the filing of a bond. The courts have a similar authority where the bond, though filed, has become valueless by reason of the insolvency of the surety." 11. Seal of Office. In some states, it is provided by statute that justices of the peace may provide for themselves and use a seal of office to be affixed to all affidavits, which seal shall be similar to the one used by notaries public, except that around the outer edge shall be the name of the justice, his county, and the words, justice of the peace." 12. Term of Office. - In England, justices of the peace continue in office during the pleasure of the sovereign-the power which constitutes them. In the United States, wherever the office is an appointive one, the justices hold, in some cases, during good behavior, and, in others, for a term of years." Wherever the office is elective, the term of office is prescribed by constitution or statutes, the length of the term varying from two to five years. In the event of a vacancy by death or otherwise, the governor of the state wherein the vacancy occurs has the power to fill it by appointment, in which case the new incumbent holds the office for a time fixed by the state constitution or by statute, usually until the next succeeding election, when another may be chosen. 31 Pa. P. L., 1839, p. 378, Sec. 6. 32 Pa. P. L., 1846, p. 434, Sec. 5. 33 Pa. P. L., 1891, p. 143, Secs 1, 2. 34 67 Cal. 633 (1885). JURISDICTION 13. The jurisdiction of a justice of the peace and a similar officer, such as an alderman or a magistrate, is considered with respect (1) to territory; (2) to the parties; (3) to the subject-matter or offense- (a) in civil suits as to, first, actions in law on contract and in tort, and second, in equity; (b) criminal proceedings; (4) his jurisdiction under special laws; and (5) his power as peace officer. 14. Territorial Jurisdiction. - A justice of the peace in England is a county, borough, riding, or division, officer. Under the old statutes he was a county officer, with jurisdiction throughout the county. In this respect the office was faithfully copied in the United States. A justice of the peace was elected or appointed for the county with jurisdiction in the entire county. He may now be a county, borough, or township, officer, or an officer for a district of a county. Where he is chosen for a district of a county, his process, that is, his writs, may be served or executed at any place within the county. All of the official acts of a justice of the peace, however, must be performed within the district for which he was commissioned. Anything done by him beyond the limits of his district is void. But this rule is not universal." In New York and a few other states, a justice of the peace is a county officer and has jurisdiction anywhere within the limits of the county." In New Hampshire, he has criminal jurisdiction of certain cases in the entire state. His civil jurisdiction likewise extends to any or all of the counties of the state. This, to a more restricted extent, is also true in Maine." Generally, unless a justice of the peace be authorized by statute to issue and serve process without his county, he has 3554 Ark. 137 (1891); 69 Ill. 371 (1873); 35 Kans. 714 (1886); 15 Me. 188 (1838); 15 Mass. 280 (1818); 53 Mass. 521 (1876). 36 N. Y. Rev. Stat., Vol. 1, Sec. 5. 37 77 Me. 588 (1885). |