page_title: North Carolina justice of the peace
section_title: After the U.S. Civil War
hierarchical_section_title: North Carolina justice of the peace / After the U.S. Civil War
caption_attribution_description: English: Justice of the Peace in Graham, Alamance County, North Carolina
context_page_description: The North Carolina justice of the peace was a court official that had existed at the county or district level in North Carolina since the colonial period of the Province of North Carolina. Originally, the Justices of the Peace had authority over the Magistrates Courts, which covered petty criminal offenses and some civil matters. They were appointed by the Governor of the Province. In 1741, they were given the authority to solemnize marriages in counties that did not have ministers or with the consent of the local minister. After North Carolina became a State, they continued authority over Magistrates Courts at the county level, as well as solemnizing of marriages. They were commissioned by Governor of North Carolina upon recommendation of the North Carolina General Assembly. After the U.S. Civil War, they were authorized to register slave marriages that took place before the war. The number of Justices of the Peace in North Carolina continued to grow until the 1950s.
context_section_description: In 1866, The General Assembly passed "An Act Concerning Negroes and Persons of Color or of Mixed Blood".  This act allowed the Justices of Peace to register slave marriages that had taken place before emancipation
  In 1868, the Court reform Act did away with marriage bonds and authorized the Register of Deeds to register marriages
  This same act did away with Courts of Please and Quarter Sessions.  However, Justices of the Peace remained as a separate judicial officers with limited authorities.  For a while they continued to be appointed by the Governor but later appointed by the legislature. In 1868, the Board of County Commissioners replaced Justices of the Peace in their duties as officers of the county government.
  In 1877, the Conservative lead North Carolina General Assembly passed a law returning control of the county government to the Justices of the Peace and eliminated elected county commissioners.  This lasted until 1905 when the legislature restored popularly elected county commissioners.
caption: Justice of the Peace in Graham, Alamance County, North Carolina, 1940
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