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The Green Bag

Justices of the peace were originally county officers. It was their mission to investigate and try treasons against

the peace and to inflict punishments therefor. Those who were law-breakers were not of their faith, but a better kind of criminal whom they either sent to prison or to a country more foreign. The ofiice of justice when created by the constitution is a constitutional one, and, whether so created or created by

statute, it is considered judicial in its nature, or rather both judicial and min isterial. Sometimes the office is also

diction, or forbidding local and special laws.

The legislature, however, cannot

delegate a power conferred upon it by the constitution. The law books hold and leading cases have decided that, while it is undoubtedly beyond the power of the legislature to abolish the oﬁice of justiceof the peace,when created by the constitution, it may, where the constitution contains no limitation on the power of the legislature over the oﬁice, make such regulations as to the number of justices, the mode of their

election, appointment or removal as it

political or legislative, as in cases where a justice of the peace is a member of the

may deem proper, although the effect of such regulations may be to abolish

legislative body of his county. The old system is losing its power gradually and modern ideas are pressing forward. An age of antiquity has given place to an age of close reasoning and organization. Unless such action as above mentioned violates some constitutional provision, it is entirely competent for the legis lature to invest other officials, such as mayors, aldermen, notaries-public, com missioners and the like, with the powers

the oﬁice in particular instances. To be eligible to the oﬁice of justice of the peace the candidate must be of the male

of justices of the peace.

sex, over the age of twenty-one years, a

citizen of the United States and of the state in which he seeks to hold office; a resident, and in some states an elector,

of the territorial subdivision in which he

seeks

election.

In

England

and

Canada a justice of the peace must have certain property qualiﬁcations. In Colo

Within their

rado a police magistrate must primarily

territorial limits such ex oﬂ'icio justices have the same jurisdiction as regularly

be a justice of the peace. In England and Canada justices are appointed to

elected or appointed justices of the peace. Where the constitution creates

oﬂice, but in the United States the office is generally an elective one, although

the oﬁice, and provides for the election or appointment, number, term of oﬁice and jurisdiction, all legislation affecting the oﬂice must conform to such consti tutional provisions. But where the con stitution confers on the legislature the

the constitutions and statutes of many of the states permit the appointment of

such oﬁ'icers, either generally or under certain circumstances. A justice's title to his office is shown usually by his com mission or election certiﬁcate.

power to create the oﬁﬁce, or to deﬁne

It must be observed that no provision

and regulate the powers, duties and

is made in a great many states for a.

jurisdiction, and to prescribe their num ber in the different territorial subdivi

high degree of legal ability. There is much criticism directed toward our jus

sions, or when it contains no restrictions on the subject, the legislature may make

tice court system today because so many cases are reversed on appeal. But how can you expect a farmer, merchant or business man to understand the adminis tration of law? And yet there are states

such regulations concerning the ofiice as it may see ﬁt, subject to constitutional provisions requiring uniformity of j uris

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