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judicial functions. And more than this, there Of Justices.-Much ancient and interesting as well as elsewhere, where the municipal history surrounds the title “ Justice of the legislative body consisted of two branches, the Peace;' and the function of the office, while board of aldermen constituted the upper for the most part experiencing little real branch. This blending of function ceased, in change for centuries, has found administration
a measure, to be popular, and aldermanic under different titular names, though not governing bodies have undergone radical widely variant in meaning. The title “ Jus- changes, or been abolished. Even in Phila. tice of the Peace" is of great antiquity. Be- delphia, where an alderman was but little else fore the time of Edward III. the title was than a justice, the name gave way, under the “ Conservator of the Peace," but by a law of provisions of the constitution of 1874, to that reign they were given the power to try * magistrate,' or “police magistrate," with felonies, after which they acquired the more function almost identical with Sur honorable appellation of “ Justices;” not in former alderman. the abstract sense of “ Judge,” or of general Esquire was an old English title « “judicial officer,” but as magistrate of a local office or courtesy, meaning ore ei court of limited jurisdiction, and one not of wear a shield, and next in rank to . record, “ Justices of the Peace" constituted Courtesy extended its use to officer the minor judiciary of England by special royal courts, sheriffs, justices of the peals. commission under the great seal to keep the osten to literary and professional men.: BIS peace in the county for which they were ap- the United States the title, in its original abpointed. Said Lord Coke : “ The whole Chris- breviated form of Esq., seems to have been tian world had not the like office as justice of largely appropriated by lawyers, but justices the peace, if duly executed.”
of the peace have been scarcely less tenacious With but little, if any, change in the func- of it under the shortened form of “ Squire." • tion of the office, justices of the peace have, Aster this brief review of titles and funcin many places, and under certain regulations tions, it is easy to see how comprehense is of the minor judiciary, come to be designated the title “ Justice,” or “ Justice of the Peace," as “Magistrates.” When the word “magis. and how completely it suggests the function trate" is used without qualification, in almost of one of the most ancient and universally any State of the United States it implies a recognized of minor civic officials. The office minor local justice, or justice of the peace; exists in some form or other, or its functions and even with such qualification as police and powers are recognized under certain conmagistrate and committing magistrate, as in ditions, in every State and Territory of the many of our cities; or district magistrate, as United States. By whatever title known, this in India; or stipendiary magistrate, as in Eng. official is either elective by the people, or apland; its meaning and function are not radical. pointive by governors or courts, and his duties, ly changed. Of course this limited use of the powers and, to a great extent, his practice, are word “magistrate" is outside of that general, prescribed by statutes of the respective States. comprehensive use, as when we speak of He is expected to be a man of probity and presidents, governors, mayors, prefects, etc., judicial turn. He holds office under a comas chief magistrates of nations, States or cities. mission. He is, as a rule, authorized to use a
The good old Saxon word Alderman (elder-seal, though, owing to the expense of this, man) originally implied a chieftain, lord or the primitive and convenient use of a scroll is earl. It afterwards came to signify the chief accepted as a substitute. magistrate of a territorial district, as of a The office is essentially a minor one, an county or province, and also the chief officer adjunct of the county and State judicial sysof a gild, and was therefore suggestive of a tem, a ramification, as it were, of justice, in its function quite analogous to justice of the peace, most popular, convenient and acceptable form, or magistrate. But this good old word de to the remotest corners of population. It is serted in a measure its primitive and rural an office presumably always open, especially significance, and found a welcome in the in rural sections, or except where the func. cities. In fact, it became, in the course of tions of justices are embodied in district, aldertime, and especially in its transit to America, manic or magistrate courts of cities or of prealmost a purely urban or municipal word. In scribed and thickly populated seetions. the constitution of Pennsylvania “ justices and The jurisdiction of justices and of justices' aldermen are provided for, and in the act of courts in the respective States and Territories assembly prescribing for the election of such is regulated by statute, but is so phenomenally “justices and aldermen," townships and uniform as to have almost the sanction of a boroughs shall elect justices, but “for cach common law prescription. Thus in civil suits ward in a city shall be elected two aldermen." they either have sole jurisdiction where the This was a distinction in title with scarcely amounts involved are small, seldom exceedany difference of function. In New York the ing $300, and more rarely $500, or else conword alderman denoted a great broadening and current jurisdiction with the higher courts for radical change of function. There an alder- like amounts. But such jurisdiction seldom man became a member of the municipal leg- embraces cases which involve questions relatislative body, though still retaining certain ing to land titles. For jurisdiction of justices
in actions arising from contract, see COLLEC- But in more modern times it is to the needs TION OF CLAIMS, DEBTS AND DEMANDS (ante). of commerce, banking, jurisprudence and gen
Justices are generally given jurisdiction in eral business that the notary owes his almost actions of trespass, and of trover and conver- universal existence and the great convenience sion, and in cases of rent collections, and dis- and importance of his function. Like that of traint, subject to statutory limitation as to the justices, the notarial function, though asceramount. Judgments rendered by justices are tained and regulated by statute, varies but lituniversally subject to appeal to higher tribunals, | tle, especially in the United States. In brief, except where the amount is too trifling to war- it is to protest bills and notes, and certify the rant further suit. So the superior courts may same, administer oaths, take depositions, acissue writs of certiorari to justices compelling knowledgments of deeds and other instruthem to send up certified records of their pro- ments, and to authenticate the same by his ceedings for review and correction. When official signature and seal. It will be seen there is no appeal, execution issues upon the that this function, as far as it goes, is almost judgment of a justice, and levy and sale are identical with that of a justice. had through a constable, the procedure being Notaries are, as a rule, created by commisanalogous to that in the higher courts through sion, mostly, in this country, from governors of their sheriffs. Certified copies of judgments the States. They must have engraved seals before justices may be filed in the superior of office, and give bond for good conduct. courts, where they become liens on real estate They are usually men of some business quality, as other judgments rendered in said courts, as conveyancers, law students, and young and transcripts of such judgments may be filed practitioners, but bank presidents, directors in the various courts throughout a State. and stockholders and persons exercising judi
Justices may administer oaths, take deposi- cial office are generally, for evident reasons, tions and acknowledgments, administer the not eligible to the office, at least, not preserred marriage ceremony; but generally their ac- for it. Their terms of office are prescribed in . knowledgments, when for use outside of their their commissions, as well as the place, or own State, and when unaccompanied by a places, where they are expected to reside and regularly engraved seal, must be attested by a officiate. court of record, having a seal. One of the The rule is quite general, that the official most important of the primitive endowments acts, protests and attestations of notaries pub. of the justice of the peace was his jurisdiction lic, when certified in due form, under their in criminal affairs, and this almost universally hands and seals, in respect to the dishonor of maintains in the United States. He may issue all bills and promissory notes, and of notice to attachments, capiases and warrants, and after drawers, acceptors or endorsers thereof, may arrest may hear, exact bail, and bind over for be received and read in evidence as proof of appearance at court, where the offence is a the facts therein in suits pending in courts of bailable one.
justice. But there are many exceptions to Of Notaries Public.-In Roman law the this rule throughout the States, where the notary (notarius) was the person-generally a notary's attestation, or official act, relates to slave or freedman-who took notes of judicial other than strictly commercial paper. Then, proceedings in shorthand or cipher. He cor- some of the States accept such attestation or responded to a modern clerk of the court, or acknowledgment, when properly sealed, as to a stenographer. By a singular transition sufficient to sustain evidence in court, the seal and survival of titles, that of notary came, in being presumed to be prima facie genuine. the course of time, to be applied to the Roman Other States require that the noiary's seal shall official called tabellion, who drew up legal be certified by a court of record. This is documents, and performed the general func- especially so in some of the older States, tion now implied by the word scrivener. The which make large use of Commissioners of tabellion, therefore, corresponds more nearly Deeds for the acknowledgment of deeds and with the modern notary than the title notarius. mortgages.
Both the name and function of notary Though a notary's commission may desigfound their most rapid development through nate his residence, city or district, his jurisdic. the canon law, under which a notary became tion extends throughout his State. An ima person of wide importance. Indeed, it was portant function of a notary, especially in a maxim of that law that the evidence of a commercial and legal centres, is the taking of notary was worth that of two unskilled wit depositions. In this capacity he may act
In most European countries he still solely or simply as clerk for contending counholds something of his old position under the sel, writing down faithfully the questions and canon law. In France, for instance, a docu- answers, or seeing that they are so written. ment attested by a notary is said to be “legal- Banks, as a rule, select special notaries to ized,” a term quite too strong to express the make their protests and serve their notices. effect of such attestation in England, where Notaries are paid by fees, which are regulated the notary public, in spite of his name,
in many States by statute, and should be in recognized as a public official to the same ex- all. No officials in the world are so general tent as in some other countries.
and so universally recognized as notaries public,
LANDLORD AND TENANT. main. Thirty days' notice is required to terLeases of lands and tenements, or other
minate a lease from month to month. When corporial and incorporial things, their general tenancy is for a definite period fixed in the nature, rights and duties of parties thereunder, lease, tenant is bound to surrender possession the common law respecting their termination,
at end of term, and no notice to quit is neces. and their various legal forms, are found fully
sary; but, as a rule, 10 days' notice is given. treated at pages 312–333, ante.
But as the
No particular form of notice required, but it statutes and local customs of the several States should be in writing, plain, and contain a of the United States, and of the Provinces of description of the property. Canada, give rise to a variety of procedure California.-Lease of property other than respecting their termination, and of the rights ! lodging or dwelling house, where there is no and duties of landlords and tenants, when it other usage, presumed to be for one year. becomes necessary for the former to take legal Lease of lodging or dwelling houses, presumed steps to secure repossession of leased premises, to be for such length of time as parties agree it is thought proper here to indicate, for the upon to pay and receive rent.
If monthly, use of business men and non-resident lawyers,
then the lease is for a month. If no time be a little more in detail, the laws and usages re- fixed for payment of rent, the lease is monthly: lating thereto. For a standard form of notice If tenant remains beyond term, and landlord by landlord to tenant to terminate a lease, see accepts rent, the term is renewed, for the same Pennsylvania, Oklahoma, Connecticut, New time and terms, not exceeding one month if York, District of Columbia, Indiana, etc. the term is monthly, nor in any case exceeding Alabama.—If lease is for specified term,
one year. Terms of leases from month to landlord cannot terminate it till end of term,
month may be changed by the landlord on except for violation by tenant of one or more
fifteen days' notice, to take effect at the end of its covenants. Lease of land for more than
of the month. If tenant continues to hold, it a year must be in writing. If tenant does not
shall be on the conditions specified in the noquit at end of term, or is permitted to occupy
tice. Tenancy at will may be terminated by by sufferance after term ends, without a new
notice to remove within one month. Unlawcontract, landlord may, on six days' notice,
ful detainer by a tenant is where he continues institute proceeding to evict. If successful,
to hold, without permission of the landlord,
and after default of rent pursuant to agreethe constable puts him in possession under a writ of restitution. Holding over tenants, aster
ment, and three days' notice in writing, repossession is demanded, are liable for double quiring payment or possession. Such notice
may be served at any time within one year rent.
after rent is due. In leases of agricultural Arkansas.-Where the relation of landlord
lands, where tenant has held over for more and tenant exists, either by written lease to ex
than sixty days, he is entitled to hold for a full pire at a certain date, or tenancy by the month,
year. Assignment or subletting by a tenant etc., if tenant refuse to surrender possession at
contrary to lease covenants terminates a lease the end of his term, or to pay rent when the
upon three days' notice. Notices to terminate renting is by the month, or at will, or by suffer
may be served on the tenant personally, by ance, the landlord may bring action in unlawful
leaving a copy at his house or place of busidetainer, after 3 days' notice to quit. Tenant
ness, by mail, or by affixing a copy on the then has 5 days in which to give bond and
premises. retain possession till case is tried. If no bond is given in 5 days, the officer ejects tenant and
Colorado.—Three days' notice is required
to evict a tenant at will. puts landlord in possession. The following
No notice required
Three form of notice accords with the statutes :
if lease expires at a time certain.
months' notice, if lease is from year to year. Little Rock, Ark.,
In all cases where repossession is sought for To John Doe:
failure to pay rent, or other breach of coveYou are hereby notified that I demand that you quit and deliver to me, or to my agent, John
nant, landlord must give three days' notice, Smith, on or before the
in the alternative. If the tenancy be for 6 possession of the house and premises No. months, one month's notice is required; if Arch Street, situated in Block — in Little Rock, Arkansas.
monthly, 10 days' notice. No form of notice RICHARD ROE,
prescribed, but it must be in writing and spe. by John Smith, his agent. cific as to dates, the landlord's intent and Arizona.-Whether for non-payment of
description of property. rent for 5 days, or for any other violation of
Connecticut. - The following notice must covenants by tenant, landlord may take pos
be given to days before a lenant can be comsession of premises without formal demand,
pelled to leave: which shall be tried, without notice, before I hereby give you notice that you are to quit any justice of the peace in not less than 5 nor
possession of the - now occupied by you on
or before the date 10 in the future). more than 30 days. In tenancy from year to
I. B. year tenancy terminates at the end of each Above notice to be made in duplicate, and year, unless written permission is given to re- one served on the party.
Delaware.— Whether a tenant is occupying is necessary. The required form of notice is: under a hold-over lease for one or more years, You are hereby notified that the lease of your or from year to year, for less than a year, or at
premises terminates on the — day of —, 194,
and you are hereby notified to quit and deliver will, a landlord cannot terminate it without
up possession of the same to me at that time. giving the tenant three months' notice in
Indiana.-If lease be for a certain and writing to remove: excepting where the lease
definite time, landlord need give no notice to is by ihe month or week, when a month's or
terminate It expires at the end of the week's notice is sufficient. No particular form
term, and tenant may be evicted without noof notice.
tice. Where a tenant is holding over under District of Columbia.-When the lease a lease for a definite term, he is in for a term is of realty for a certain term, no notice to quit
equal to the original lease, and may be evicted is necessary.
When the tenancy is from at the end of the term without notice. Tenmonth to month or quarter to quarter, 30 ancies from year to year may be terminated by days' notice in writing to quit is required, three months' notice given to tenant prior to same as to tenancy at will. Notice to quit expiration of the year; and when tenancies must be served personally on the tenant, or are by consent of the parties, express or imdelivered to some proper person on the prem- plied, or from one period to another for less ises. When a lease for any time has ex- than three months' duration, a notice equal to pired, or tenancy has been terminated by notice, The interval between such periods is sufficient. and the tenant fails to quit, the landlord may The statutory form of notice is : bring ejectment proceedings in the supreme
To W. B. court, or action before a justice of the peace. You are hereby notified to deliver up to me, at Florida.– Where tenancy is by the month,
the expiration of the current year of the ten3 days' notice is required before he can be
ancy, the possession of the following described
premises, situate in — county, and State of evicted by legal proceedings. The statutes Indiana, to wit, now held of me by you as do not prescribe the length of notice required
I. R. where the tenant is occupying under a lease from year to year, or is holding over, but Indian Territory.—To terminate a lease, probably one month's notice would be deemed all that is necessary, when tenant is one at will, sufficient. No particular form of notice pre
or from month to month, is reasonable notice scribed.
in writing to deliver up the premises by a cerGeorgia.—Where tenant occupies premises lain day, or at the expiration of the month. from month to monih without lease for a deti.
Usually ten days' notice is given. Tenants nite length of time, landlord must give tenant
by the year are given thirty days' notice. 60 days' notice to quit; tenant must give land
Iowa.- For non-payment of rent landlord lord 30 days' notice of his intention to vacate.
may always terminale a lease on 3 days' writNo notice required by landlord to terminate a
ten notice. Tenants holding over become written lease to expire at a fixed time. This
tenants at will, and do not hold under the would apply to a lease from year to year. If
provisions of the expired lease, unless it is so a tenant holds premises under a lease for a
provided therein. Such tenant may be evicted year, and does not vacate at end of term, but upon 3 days' notice to quit, is served within continues to occupy without further agreement,
30 days after expiration of the lease; otherhe holds for the same period as the lease ran.
wise it requires a 30 days' notice to quit. If Notice must be in writing, but no particular
the tenancy be a farm property, the lease must form required.
terminate besore March 1, otherwise the tenIdaho.- Wherever the right of re-entry is
ant can hold for another year. Notice must given to a landlord under the terms of a lease,
be in writing, but no particular form presuch re-entry may be made at any time aster
scribed. the right accrues upon three days' notice, as
Kansas.-If a lease provides a date for provided in the civil code. Thirty days' no
ending a term, no notice to terminate is retice must be given in order to terminate a
quired. Three months' notice is required to tenancy at will, and then three days in order terminate a lease from year to year. Holdto secure possession. No particular form of over leases, with consent of landlord, become notice prescribed.
lenses from year to year. In farm leases, Illinois.--Sixty days' notice in writing re
where tenant is holding from year to year, or quired to terminate a lease from year to year.
for any indefinite term, a three months' notice It may be given at any time within four should be given fixing the termination on the months preceding the last sixty days of the
Ist of March. No particular form of notice is term. If the tenancy be from month io month, required, but simply to recite that or for any term less than a year, and the ten- the undersigned, owner of the following deant hold over without special agreement, the
scribed premises hereby notifies you that
your tenancy thereof is terminated, and will end landlord may maintain action in forcible de
day of —, 19--tainer or ejectment upon 30 days notice in
Landlord's signature.) writing to tenant. In all cases where tenancy Kentucky.-No notice to terminate lease is for a fixed period the tenant is bound to required where the term is certain, or notice quit at expiration of the period, and no notice lo quit is dispensed with. If a tenant fails to
quit after having been given notice; or if, when govern as to notice. In Baltimore, landlord his term expires upon a date certain, he refuses must give 90 days' notice in order to termito quit; or if, where the agreement was to dis- nate a lease from year to year, and tenant pense with notice, he refuses to quit when must give 30 days' notice. If the lease be for landlord demands possession, he shall pay a monu, or any less period than a year, and double rent from the time he should have tenant continues to occupy after its expiration, yielded possession. If tenancy be for a year he holds for the term of the expired lease, or more, and to expire on a certain day, ten- and landlord must give 30 days' notice to terant must quit on that day, unless there be a minate. So, 30 days' notice is required to new contract to remain. If tenant holds over terminate a tenancy at will or sufferance. In without such contract, he acquires no right to estates from year to year, in the State, outside remain within 90 days, and landlord may re- of Baltimore, both landlord and tenant must possess without demand or notice, if he insti. give 6 months' notice in writing. In estates tute proceedings within that time. If landlord by sufferance no notice is required. Estates takes no steps to repossess within that time, at will require immediate notice. Such notice lenant holds for a year; after which the above is sufficient as 10 form if it is in writing and relation is repeated. If the lease is for less makes the intention of either landlord or tenthan a year, the above relation exists, except ant plain. It must be properly served. that tenant acquires no right within 30 days, Massachusetts.—The termination of an and landlord must institute proceedings within existing lease is governed by its contents, exthat time. If he does not, no proceedings are cept where there is breach of its covenants. allowed until after 60 days from end of the If tenant is holding over, he is entitled to noterm. Thirty days' notice required to end all tice equal in length of time to the period other kind of tenancies. No particular form between rent-days; but if rent be payable at of notice required.
periods of six months, he is entitled to 3 Louisiana.—By act No. 52 of 1900, “When months' notice. The notice provides that any person, having leased any house, store, or tenint shall deliver possession at the end of other building, or landed estate, for a term of the quarter, month or week of the tenancy, one or more years, or by the month, or other- which shall begin next after the date of the vise, either verbally or otherwise, shall be notice. In case of breach of covenants-as desirous, upon the termination of the lease, failure to pay rent-fourteen days' notice is either by limitation or non-payment of the required. The usual procedure for obtaining rent when due, or any other breach of the possession is by writ of ejectment. said lease, he shall demand and require in Michigan,-Tenancy at will or sufferance writing his tenant to remove from and leave terminated by 3 months' notice : Provided, the same, on allowing him ten days from the that where rent reserved in lease is payable at day such notice is delivered ; and if the tenant intervals of less than 3 months, notice equal shall refuse to comply therewith after expira. to the time between payments is sufficient. tion of such delay and to remove therefrom, it If tenant is in default of rent, 7 days' potice shall be lawful for such lessor to cause the to quit is sufficient. In case of tenancy from tenant to be cited summarily by a rule to show year to year, notice given at any time termi. cause, within two days after service of such nates the lease at the expiration of a year from rule, to appear before any court having com- the date of such notice. A tenant holding or petent jurisdiction, in order to be there con
claiming possession adverse to landlord or demned to deliver hin the possession of the owner is not entitled to notice. Hold-over leased premises."
lease may be a tenancy at will or sufferance, Notice to Tenant.
No particular kind of notice required. State of Louisiana, Parish of Orleans, City of Minnesota.-If tenant is holding from year New Orleans. New Orleans, La.,
to year, under a lease originally for a year or
, 19 M
term of years, the landlord, in order to termi. Please Take Notice, That you are hereby re- nate, must serve him with a written three quired, within ten (10) days from the serving of this notice, to surrender and deliver me posses
months' notice in the clear before the end of sion of the - known as No.
Street, the year. If tenant is holding from month to in this City, which you now hold of me, as ten. month, a thirty days' notice in the clear is reant under lease, pursuant to the provisions of the statute relating to the rights and duties of
quired. A three months' notice is required to landlord and tenant. Act No. 52 of 1900.
terminate a tenancy at will.
(Signature.) Mississippi.-Where tenant is holding Maine. -At the end of the term of a written under a term which expires at a fixed date, lease landlord may enter without notice and landlord need give no notice to terminate dispossess tenant; but must give 30 days' no- lease. Where tenant is holding over under tice where tenant is one at will, holding with- an expired lease, 60 days' notice would be reout a written lease, said notice to expire on quired to terminate a lease, and also a year to rent-day, when, within 7 days after its expira- year lease; 30 days' notice, if lease be for tion, landlord must bring suit for repossession half or third of a year; one week's notice, if hy eviction.
lease be for a month or week. Notice must Maryland.-In written leases the terms be in writing. No particular form prescribed,