Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-08-01
Maxissrntes and ConstabIes.


comments on the Irregularities In the execution
Of their duties by some of the magistrates and
constables in this District, and it was shown vhy
their victims do not always institute proceed
ipgs against them, namely, because in most
cases it WI uld cost more to obtain justice than to
submit to xtortion or the illegal seizure Of ones
effects dis being the case, the importance of
commissio ling men of unblemished reputation as
magistrates cannot be too strongly insisted upon
At the common law justices ofthe peace had no
jurisdiction IN civil cases. 1t is Amercl an in
vention-the civil jurisdction-and in view of
some of its workings it may well be doubted
whether we have improved upon the practice of
our fo-efsthers. The history OF Congressional
legislation upon the subject may be thus briefly
stated
Anact OF Congress approved February q 1901,
(sec. 49, statutes at large p 1O7 >, provides that
'There shall be appointed = . discreet per-
sons to be justices of the peace" "and they
shall have cognizance of personal demands to
the value of twenty dollars, exclusive of costs"
The act Of Congress of March 1, 1923, increases
the amount over which Justices of the peace
may take jurisdiction to fifty dollars. BY the
same act it is further provided that the Circuit
Court has no original jurisdiction in causes in
which the debt or damage does not exceed fifty
dollars, (the court, however, has concurrent
jurisdiction with justices in amounts exceeding
fifty and within hundred dollars) An appeal
to the court in all cases above i've dollars is
also provided for. The same act provides:
Constables are required to give "bond to the
United States, with good and sufi cient security,
In the penalty Of two thousand dollars, to be
approved Of by any one of the judges Of the
Circuit Court OF said District for the due per-
Torrance of the duties of a constable, and also
for the duties and trusts reposed in them by
''virtue Of this act" The act of Congress of
February p, 1861, (section ~ increases the
amount of the jurisdiction of justices to 500.
1t may be mentioned incidentally that abuses
are more likely to occur in actions on large
amounts than small ones, because the officer of
the law runs more risk of being called to account
for any malfeasance. So far as constables are
concerned, 1t is not to be expected that the first
men in the community will seek such positions,
but undoubted honesty should be a requisite,
and the officers bondsmen should not be mere
men of straw, as in too many cases, but good to
the uttermOst cent for the full amount of
$1,000, as provided in the aforementioned
act of Congress. Then the victim of a
rutfiaDly constable would have some chance
of getting even in a civil suit for damages.
Blackstone says, speaking of the great powers
with which the English law has clothed the
constable in the matter of criminal arrests, "of
the extent Of which powers. considering what
manner Of men are, for the most part, put into
these Offices, it is, perhaps, very well that they
are generally kept in ignorance" To which
remark one of his commentators, Mr.. Chris
tian, replies as follows: "How much better
would it be that the duty of these officers should
be accurately defined, and that they should be
chosen from among men of intelligence, who
would have the good sense to know the extent
OF their powers, and the good feeling not TO ex-
coed them" This will apply with as much
force to the duty of constables in civil cases.
Another quotation this time from Dalton, Oh.
2o,) and we have done: "Constables ought to
be appointed from the more respectable class
Of inhabitants."