The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1872-09-16
LOCAL MATTERS.
Duties of Justices of the Peace-A Timely Let
ter from Mayor Kelley.

....t --------------- s.. ...H
Duties of Justices of the Peace-A Timely Let
ter from Mayor Kelley.
Having been repeatedly called on by JUS
tees Of the peace for opinions respecting
the scope of their authority, | have thought
| might render some service by an epitome
of the law as it respects their powers and
duties, and calling attention to some errors
into which some have, no doubt, innocently
fallen.
The Legislature, at its first session under
the present constitution, enacted law (acts
1sG9-'70, p. ESD declaring in general terms
that the jurisdiction, powers, &C., of justices
should remain as heretofore, so far as not
in conflict with the constitution or any law
passed in pursuance thereof. The code OF
1860 might, therefore, be looked to to fur
nish guide for these officers generally
throughout the State. But the charter Of
the city of Richmond law passed in pur-
suance OF the onstitution--limted in very
important respects the authority of these
officers in the city. That charter, after
prescribing the number, term of office, &C.,
of the justices, proceeds as follows:
q "The said justices Of the peace shall be
conservators Of the peace within the limits of
the corporation of Richmond, and shall have
the same powers and duties within said
limits as are prescribed by law in respect
to justices of the peace in counties of this
State in their respective counties, except
that nothing herein contained shall be con-
strued as vesting in said justices any portion
of the jurisdiction given by this act to the
Police Justice. Chatter; section, 10Y.
We have already seen what is the author
ity of justices IN the counties. Now, what
is g the jurisdiction given to the Police
Justice by the charter ?" Section LOG
defines that jurisdiction as extending to all
cases arising within the jurisdictional linits
OF the city, of which justice of the peace
may take cognizance under the laws of the
State, and to all cases arising under the
charter of ordinances of the city, or where
there is claim against the city or person
therein, if it does not exceed one hundred
dollars exclusive of interest. =
He shall have such other powers and ju-
risdiction as may be conferred on him by
the City Council not in conflict with the
constitution and laws of the United States
and of the State of Virginia." The word
jurisdiction" in this act must at the least
be construed to embrace "the power to
| flcdT uIu utbcllllIlc lIlc pUWeT W lTN
case. 1t is therefore plain that justice of
the peace in Richmond has no authority to
try any cause, howerer trifh,g, Girl or
criminal, and aohether arising at common la,o
or ,uader statute or city ordinance. am
aware that the uniform practice is other
wise, but am satisfied that it is without
the slightest warrant Of law, and no one is
bound by it. The Legislature indicated
Enthusiastically its purpose in this respect
when it passed, March 80, 1871, an act
giving justices authority to try petit larce-
cies and cases of assault by providing that
none of this authority should be exercised
by justices 10 cities having police justice.
(Acts '70-T, p. 1922
What, then, may Richmond justice dc?
Without protracting this communication to
unreasonable lengths, may, by example,
illustrate the nature and scope of his au-
thority. et a
/. As Conserpator Of the Peace.-He
may issue warrant to stop an apprehended
duel, and may bind the parties to keep the
peace. He may require bonds for their
good behavior for one year. from persons
not of good fame. He may issue warrant
for the arrest of party charged with intent
to commit an offence punishable by law
against the person or property of another,
and may require security for his good be-
havior, and on default commit him to jail.
He may issue warrant for the arrest of
any party going armed with deadly or
dangerous weapon. He may, without pro-
cess or oath, bind over to keep the peace
any person making an aflray, using threat
ening words, or otherwise dis turbing the
peace in his presence.
III. As Criminal Officer. - He may
issue search warrants-may issue war
rant for person charged with crime com.
mitted-may let to bail any person prop.
erly brought before him, charged with
misdemeanor or with felony, if in the lat
ter case the suspicion of guilt is slight
may bail prisoner committed in default o
bail, but never in less sum than wa:
! first required-may discharge from Jail Of
from his recognIzance any prisoner charged
with misdemeanor, for which a civil actor
also lies, providing that the aggrieved party
in writing declares that he has received sat
isfaction, unless the case falls within certain
exceptions mentioned in the Code, page S2G
III. as a CipH OBicer-He may admin
lister and certify any oath not of such
nature that it must be taken i'll court; MAJ
take dispositions may take and certify &C
acknowledgements of deeds may inquire int
insanity; may issue warrants for small
claims and subpenas for the witnesses
may issue distress warrants; may issu
process of attachment in case of debto
removing or intending to remove his effects
Whenever a justice issues a warrant 10
trial, or commits for trial, or balls for trial
the process, or the order, or the recogni
zance must be returnable, or be sent to tn
police justice, to be by him disposed of.
would not acquit myself of the duty
have assumed in this matter if did no
call the attention of the justices to som
; grave abuses which have grown up anon
them, and which will lead to serious conse
quences unless corrected.
l. 1t is frequent practice to issue wal
rants for the arrest of an indefinite numbe
IF nnrcnns tyithout namn op dissertation !