Page:The American Cyclopædia (1879) Volume IX.djvu/746

 726 JUSTICE OF THE PEACE JUSTIN conservators of the peace acquired a judicial character and functions. By 4 Edward III. c. 2, they were empowered to " take indictment," and by 34 Edward III. c. 2, they were commis- sioned to " hear and determine " in cases of felonies and trespasses. It is probable that not until then were these officers called justices. The office, as constituted and defined by these and later statutes, occupies an important place in the English judicial system. It was adopted in the several states of this country at their settlement, and may be considered to possess here the general character and functions al- lowed to it in England by force of statutes. But it is to be remarked that in all the states legislative enactments have so fully enumerated the powers and duties of justices of the peace, both in civil and criminal affairs, as perhaps to preclude reference to the English law on the subject. Justices of the peace are in some states elected by the people, and in others re- ceive their appointment from the executive. Their jurisdiction is determined by their com- missions and the provisions of various statutes. These are to be strictly construed, and no au- thority can be implied. Without attempting a recital of all the particular functions exer- cised by these officers, it will suffice for our present purpose to mention, under their crimi- nal jurisdiction, that when they are not limited by the existence of special courts, they possess still their ancient common law powers as con- servators of the peace, and as such may sup- press riots and affrays and apprehend all dis- turbers of the peace. Then they may punish them by fine, and take recognizances for their future good behavior. By virtue of their crimi- nal authority they may also issue their warrants for the arrest of offenders. If the offence be a trifling one, they may themselves determine in the matter. If, however, it be of an aggra- vated nature, they commit or bind over the criminal for trial in a regular court. They may judge in civil suits when but a small amount is involved, but not generally in cases of li- bel, slander, or malicious prosecution, or when title to real property comes in question. As further examples of their usual powers, it may be added that they may issue summonses for witnesses to appear in their own courts, and to answer in civil suits pending before other courts ; they may administer oaths in all cases in which an oath is required ; they may cele- brate marriages ; and may make examinations and issue warrants in cases of bastardy. They also exercise certain functions under the poor laws. The justice must have jurisdiction of the parties and of the matter, or his interfe- rence is a trespass. But when he acts within his jurisdiction and by color of his office, he is responsible in a civil suit only when he has act- ed from corrupt or malicious motives. He may be impeached, and in some states removed by petition and hearing of the charges made against Mm before a higher court. A justice must keep a record of his proceedings, and may ad- journ his court from day to day. The plead- ings before him are, for the benefit of suitors, treated with great liberality. In the decree for the reorganization of the judicial system of France (Aug. 24, 1790) ji/ges de paix were created in imitation of the English officers of the same name. They "were to decide sum- marily, without expense to suitors and without the intervention of counsel, affairs of slight importance, and especially those which involv- ed disputed facts rather than contested points of law. The decree of September, 1791, con- cerning criminal procedure, invested the jvges de paix with police functions ; at a later period they were called to the presidency of those po- lice tribunals which took cognizance of minor offences. Under the law of May 25, 1838, the French justices are empowered to decide finally in all causes purely personal, and involving no more than 100 francs, but subject to appeal in all such causes involving from 100 to 200 francs. With similar limitations they have jurisdiction in actions between landlords and tenants; in suits for damages to fields, fruits, and harvests ; between laborers and their employers, and between servants or apprentices and their mas- ters ; and in civil suits for verbal defamation, and in those breaches of the peace and assaults which are not expressly provided for in the criminal law. Their decrees are subject to ap- peal in all possessory actions, in cases involving questions of boundaries, and in those arising out of the use of mill privileges and streams applied to irrigation. As officers of the judi- cial police and auxiliary to the prosecuting offi- cer of the government (procureur du roi), they receive informations and make examinations into charges of flagrant crime committed with- in their jurisdiction. JUSTIN (Fi-Aviua ANIOIUS JUSTINTJS). I. The Elder, Byzantine emperor, born of a family of barbarian peasants at Tauresinm, a village near Sardica (now Sophia), in Bulgaria, in 450, died in 527. He went with two other youths on foot to the capital to enter the army, and on account of his strength and stature was placed among the guards of the emperor Leo I. Under the reigns of Zeno and Anastasius he emerged to wealth and honors. Having served in the Isaurian and Persian wars, and been promoted successively to the ranks of tribune, count, and general, and the dignity of senator, he was commander of the imperial guards at the time of the death of Anastasius (518). The eunuch Amantius, who then reigned in the court, be- ing bent on setting one of his creatures, Theo- datus, on the throne, intrusted an ample dona- tive to Justin, with which to gain the suffrage of the guards for his purpose. Justin employ- ed the bribe in his own favor, and was pro- claimed emperor at the age of 68. Brave, but ignorant, according to Procopius, even of the alphabet, he intrusted the quaestor Proclns with the affairs of the state, and adopted Justinian, his nephew, and a native of his village, who, however, was educated in Constantinople.