Justices of the peace


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JUSTICES OF THE PEACE. Public officers invested with judicial powers for the purpose of preventing breaches of the peace, and bringing to punishment those who have violated the law.
     2. These officers, under the Constitution of the United States and some of the states, are appointed by the executive in others, they are elected by the people, and commissioned by the executive. In some states they hold their office during good behaviour, in others for a limited period.
     3. At common law, justices of the peace have a double power in relation to the arrest of wrong doers; when a felony or breach of the peace has been committed in their presence, they may personally arrest the offender, or command others to do so; and in order to prevent the riotous consequences of a tumultuous assembly, they may command others to arrest affrayers, when the affray has been committed in their presence. If a magistrate be not present when a crime is committed, before he can take a step to arrest the offender, an oath or affirmation must be made by some person cognizant of the fact that the offence has been committed, and that the person charged is the offender, or there is probable cause to believe that he has committed the offence.
     4. The Constitution of the United States directs, that "no warrants shall issue, but upon probable cause, supported by oath or affirmation." Amend. IV. After his arrest, the person charged is brought before the justice of the peace, and after bearing he is discharged, held to bail to answer to the complaint, or, for want of bail, committed to prison.
     5. In some, perhaps all the United States, justices of the peace have jurisdiction in civil cases, given to them by local regulations. In Pennsylvania, their jurisdiction in cases of contracts, express or implied, extends to one hundred dollars. Vide, generally, Burn's Justice; Graydon's Justice Baches Manual of a Justice of the Peace Com. Dig. h.t.; 15 Vin. Ab. 3; Bac. Ab. h.t.; 2 Sell. Pr. 70; 2 Phil. Ev. 239; Chit. Pr. h.t.; Amer. Dig. h.t.

References in periodicals archive ?
To better understand the relationship between the court, the accused, and the surety, this paper explores the following questions: How do justices of the peace and Crowns determine suitable sureties?
The Justices of the Peace will be working at the Board's satellite offices - Community Advisory Bureaus - inGrassfieldand Caningo in Lumley in Freetown.
Justices of the peace, constables, and sheriffs, had broad discretion and latitude to arrest, disarm, or require a peace bond for those who threatened the King's peace.
"Our justices of the peaces do not declare someone dead.
the belief that he could remove the justices of the peace. He noted that
The Hon Minister of Justice has already taken the initiative steps on the appointment intelligent persons of the area as Justices of the Peace in the Northern and Eastern Provinces in a bid to maintain peace and order in the region.
The courts' judges are formally known as justices of the peace. Temporary judges are known as pro tem judges.
Shannon told the justices of the peace the renovation could take three years.
It also means their right to preach and teach their beliefs related to marriage; the right of religious schools to hire staff who respect their doctrines and practices; the right of justices of the peace and civil marriage commissioners to refuse to solemnize marriages not in accordance with their beliefs; and the right of churches to maintain their charitable status.
Much of the material which follows comes from the recognizances to appear, issued by the Westminster Justices of the Peace. In form, recognizances are small slips of parchment, bearing only the JP's signature and a few sentences describing the details of the offence, but those sentences can be windows into the transgressive behaviour of the early eighteenth century.
Lord Lieutenant William Bromley Davenport, chairman of Cheshire advisory committee on Justices of the Peace, the body responsible to the Lord Chancellor for recommending suitable applicants, said: ``We're looking to recruit magistrates from all different walks of life.
William Bromley Davenport, chairman of the Cheshire Advisory Committee on Justices of the Peace, said: