JUSTICES OF THE PEACE - Steven J. Coker
Subject: JUSTICES OF THE PEACE
From: Steven J. Coker
Date: December 21, 1998

Extracted From:
  A LAW DICTIONARY ..., SIXTH EDITION, 1856
  by John Bouvier, CHILDS & PETERSON, PHILADELPHIA


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. 

  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. 

  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. 

  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. 

  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....

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