Semi-weekly North-Carolina standard. [volume] (Raleigh, N.C.) 1852-1853, 1852-11-13
REMARKS OF Mr.. THOMAS,
In SENATE, NOVEMBER 6, 1852.


Resoired, That the Committee on the Judiciary en-
quire into the eXpedency of altering and amend
ing the laws, as to require Justices of the Peace to
give bond and security for the faithful performance OF
duty, and upon giving bonds to be allowed fees for
their services that they be required keep record
OF their proceedings that in all of assault and
batteries brought before them, of submission,
to fine one or both of the parties, not less than two,
nor more than fifty dollars; allow the right OF ap-
peal to either party upon giving bond and security to
indemnify the county against the payment of costs.
m cases where appeal is taken, and the fines paid,
to make it the duty of the Justices to pay over the
hnes for the use of the county; and report to the
Clerk of the Superior Court the of submission
which have boon settled before them and provide
in the duty of Grand Jury that further proceedings
shall be had thereon in Court that said COM
mittee report by bill or otherwise.
Mr.. VIM. H. Thomas, upon introducing the FORE
going RESOLUTIONS, accompanied them with, in sub
stance the following explanation:
Mr.. SPEAKER: The Resolutions introduced by me
are not, as the Senator from Gulford to sup
pose, to embarrass the committee the Judiciary,
and 10 throw the responsibility upon them Of reject
ing the Resolutions, but for the purpose of ascer
tanning IT the change in the existing laws may not
be effected, as proposed in the resolutions, which
VIII promote the interests of the people OF n orth
Carolina. Nor did design, as he seems TO imag CINE,
to avoid the responsibility of introducing bill carry
out the change contemplated. In complying with
the Will of my constituents, as have done in this
case, neither seek to avoid fear the responsible
Ity, and as proof Of this assertion will prepare
bill at early day and submit the committee,
which they may found their action.
Before condemning the resolutions without being
examined, 1t may be proper to ascertain what chan
ges of the existing laws are contemplated. 1st, 1t
is provided that Justices of the Peace shall give bond
and security for faithful performance of duty and
one of the duties suggested is, that they shall keep
record of their proceedings. I'd, To allow all such
Justices fees for their services. Sd, To increase the
jurisdiction of those Justices of the Peace in of
assaults and batteries, by putting it in the power OF
InStIo fn how noft tho onHo
brought before them, and by the of parties
dispose of the cases in summary In relation
to the first, requiring such Justices to i've bonds and
security for fruitful performance Of duty, to include
the preparing record Of their PROCEEDINGS Every
one conversant with The loose manner in which the
Justices under existing laws transact their business
out of court must be convinced that change in
this respect has become necessary. 1t is not I'M
common to see Justices, after rendering Judgment |
upon promlssary notes. write across the face Of the
note Judgment, and after giving judgment for the
debt enclose the note In the warrant and for want of
record and safe depository for his papers, deliver all
over to the officer, who carries them off with him,
and In case application is made for the stay of
ton neither the officer or the papers can be found,
andsthe stay of execution has to be entered sep
crate piece OF paper, not connected with the execu
ton to which belongs and then if the Justice hap
pens to be an irresponsible he can take any kind
OF security for the stay of execution and the plain
tIH is without remedy. Besides this evil, it fire.
quenty happens that in consequence of the Irregular
lty of the proceedings of the Justices in entering
judgments and issuing executions, and not unfrequen
ly. part OF the papers having been lost mslaid
by the officers the titles to lands acquired Sheriffs
sales, after long and tedious law suits, decided
be void which, in proportion it creates doubts re-
speeding the title OF property sold Sherfs' saes
has tendency to reduce the price of the property
sold, Requiring Justices to give bonds and keep
ords OF their proceedings, would, it is believed to
great extent, remove these evils.
ID. With regard to the provision to allow Justices
who give bonds and keep records of their proceed
ngs fees for their services. 1t is in accordance
with the practice of most if all of the adjoining
States, and also of very large portion OF the States
Of the Union. The practice of not allowing Justices
Of the Peace compensation for their services has been
derived from English ancestors and is a part of
he policy that prohibited members of the Leg
stature from receiving compensation for their seryi-
,es, the object of which to confine the making
IS well the execution of the laws to the wealthy
classes. But in country like this, where il is not
find talents suitable for the performance
Of both duties, unassoclated with wealth, where
worth makes the man, it be obvious that the
allowance of small fees, which would prevent the
office from being tax on the Justices, would cause
men qualified to perform the duties to accept of the
office and in future the General Assembly, instead
persons, could authorize nominations to be made by (
majority of the qualified voters in the Captains
company where such Justice required. 1t could
lso be regulated by law the number of Justices to be
n office in each Captains company.
Sd. To increase the jurisdiction of Justices who
give bond and security In of assaults and bat
cries. presume that cases of this kind are much
more numerous in countries Than in old settled
'nes. West of the Blue Ridge, which is compare
lively new settled country, the accruing upon
State prosecutions in of faures convict and
nsolvent persons convicted, the counties become
;haragable with costs which increase the taxes until