The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1872-09-16
LOCAL MATTERS.
POWERS AND DUTIES OF JUSTICES
In RICHMOND.
THE MAYOR on ABUSES OF MAGIsTERIAL
AUTHORITY.

Few persons who are often IN contact
with the city courts are unaware of the ire
gulartfes in the transaction of business by
justices Of the peace. In view of these ire
gularties, which are of cUlirse osrtng to Il
misunderstanding of the law, the Mayor has
seen fit to write the following communica-
ton to the magistracy:
Having been repeatedly called on by jus
ticcs OF the peace for opinions respecting the
scope of their authority I have thought |
might render some service BY IN epitome OF
the law as it respects their powers and duties,
and by calling attention to some errors into
which some have, no doubt innocently, fallen.
The Legislature ut its first session under
the present Constitulonen acted law (Acts
1SG9-'70, p. 2SI declaring in general terms
that the jurisdiction, powers, &C., Of justices
should remain as heretofore; go fir az pot in
conflict with the Constitution or any law
passed in pursuance thereof. The Code Of
1860 might therefore be looked to to furnish
Il guide for these officers generally through
out the State. But the charter of the city OF
Richmond-a law passed in pursuance of the
Constitutional Limited IN very lnrortnnt re-
spccts the authority of these Officers in the
city. That charter. after prescribing the
number, term Of office, &C., OF the justices.
proceeds as follows:
"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 arc prescribed by law in respect to
justices Of the peace i'll counties of this State
IN their respective counties, except that no.
thing herein ccntaiaed slall nc construed
as vestng in said justices any portion OF thG
jurisdiction given by this act to the police
Justice" Charter section 1OI.
We have already seen what lis the authority
Of justices in The counties. Now, what is
"the jurisdiction given to the poli'e justice
by the charter?" Section 106 defines that
jurisdiction rs cxtehdiig to "all ei>cs arising
within the iurisdictiona limits OF the city
of which a Justice Of the peace may take
cognance under the laws of the State. and
to all cases arising under the charter
or ordinances of the city, or where
there is il cllim against the city Or Il
person therein II it does not exceed one hun
dred dollars exclusive of interest
He shall have such other powers and JurE-
dction as may be conferred on him 10y the
CITY Council not in conflict with the ConStl-
tuition and laws of the United States ami ol
the State of Virginia. The word "lurlSdic-
ton in this act must at thc tec:t hc con-
strued to embrace "thc power to hear and
determine" the power to try case. IL Is
therefore plain that Il justice OF the peace in
Richmond has no authority TO try any
cause, horever rifing, clrll or cr!m1-
nal, and echether arising at common
la,u or under q stGtute or clfy 0r0shahcr.
| i'm aware tfat the uniform pracllce Is
otherwise, but am satisfied that it is with
out the slightest warrant of law. and no one
is bound hy it. The Legislature indicated
Enthusiastically its purpose i'll this respect
when it passed, March 80, lS7 an act giving
justices authority to try petit larcenle5 ana
cases of assault by providing that none o'
this authority should be exercised by Jllstlres
in cities having police justice. (Acts '70-'1,
p. 352.)
What, then, may Richmond justice do?
Without protractlng this communication !"
unreasonable lengths, may, BY example.
illustrate the nature and scope OF his auihcf-
ity.
I, As 4 COSsERvAToR OF THE PEACE. tie
tlay issue warrant to stop an apprehendrd
duel, and may bind the tartes to keep the
peace. He may require bonds for their good
behavior for one year from persons not Of
good fame. He may issue n warrant for the
arrest Of Il party charged with intent TO COM
nit an offence punishable by law against the
person or property of another. and may re-
uuirc security for his good behavior and III
default commit him to Jail. He may issue u
warrant fer the arrest of any party SoinS
armed with n deadly or dangerous weapon.
He may. without process or oath. bind over
to keep the peace any person making III al
fray, using threatening words, or otherwise
disturbing the peace in his presence.
II. As A CRIMINAL OFFlcER.-Hc lHy
issue search-warrantS may Issue Il wafTalit
for unv person charged with crllnc COM
mitted; may let to bail any person properly
brought before him, charged with ml>dcneln-
or or with felony, il i'll the latter case tiie
su- pcion of guilt is slight; may ban prl-
soner committed i'll default OF bail, but never
i'm less sum than was first required may
discharge from jai or from his recognlzance
uuy person charged with amlsdemeanof, lor
which civil action also lies, providing the
aygrieyed party i'll writing declares he 'E'S
received satisfaction, unless the case iail>
within certain exceptions mentioned III the
Code, page S2G.
III. ASA CIVIL OrFIcER.-He may admin
ister and certify any oath not Of such M
turc that it must he taken in cOtiit: may take
.Inpositions; NAV take and certify acknoWl-
pdr nentS of deeds may inquire into illsail,
ity: NAV issue warrants for small claims ana
suDpGnds for the Witnesses; may issue dis
trcss warrants; may issue process OF attacn-
ment in case of n debtor removing or lntcnd-
ing to remove his effects.
Whenever d Justice issues a warrant for
trial. or commits for trial, OF balls for lrlai.
the process, or the order, or the reco|ni-
zance. must be r.ilirnable, OF he sent to the
police Justice, TO bc by him disposed oi. -
would not acIuit myself of the duty |
have assumed IN this matter if did not call
the attention of the justices to some grave
abuses which have grown up among them,
and which will lead to serious consequences
unless corrected.
|. 1t is Il frequent pructice TO issue wal
rants for the arrest of m indefinite mum"
her of persons, without name or description.
4 warrant for the ai rest Of A. y. and others
authorizes only the arrest Of A. B. The
Bill of Rights of perhaps every State pro-
hibits this abuse, and opposition to 1t Is one
of the most memorable traditions OF liberty.
During the year ending September Isl, 1917.
2.951 PARTIES were arrested in this uty on
2.033 warIunts-the excess, IN large ma
iorty of eases. arising from this l!leSailtS.
So. also, it is unlawful and gross abuse TO
issue Il warrant with blank to be hlied UP
afterwards by the policeman OF any other
party.
>. AS magi-trTte has no right to try Il
cause, he has no right to discharge a party
arrested under i warrant of brother jus
tice and by him committed, except on s,ich
bail rs such justice demanded, and OF course
has no right to discharge any prisoner COM
mitted without bail.
3. A justice has no right to assume an aet
to be a violation Of law. The rccofds Oh