any perfon againft whom complaint is made, of committing a crime, for which he ought to be brought before them for trial, or exam-. ination. He may likewife grant fummons, or capias for witneffes in like cafes. Any fheriff, deputy-heriff, or constable, to whom fuch procefs, fumitons, or capias fhall be directed by nanie, and office, may ferve it in any part of the ftate, where the perfon cannot be found in the official precincts of fuch officer. The authority may grant fuch precept if he judge neceflary, to some suitable indifferent perfon, who fhall have the fame power to ferve it as the legal officer. In all qui tam profecutions, where the offience or demand exceed the jurifdiction of the juftice, he has a right to recognize the defendant before the proper court for trial, upon the fame principles as are laid down in public profecutions. 2. The jurifdiction of juftices of the peace, in matters of a civil nature, renders the office of much more importance in this ftate than in England, where they are confined to criminal cafes.Their civil jurifdiction often renders it necefiary, for them to determine queftions of as much difficulty, as any that occur before the highest courts. It behoves a juftice, who wishes to execute with fidelity the truft repofed in him, to become acquainted with the whole fyftem of jurifprudence, and the general affembly ought to be extremely cautious about the qualifications of the perfons they appoint. They ought to poffefs not only ability and knowiedge, but candour and impartiality, above the influence of intrigue, and the prejudice of party. Juftices of the peace, have jurifdiction in all cafes wherein the title of land is not concerned, and wherein the debt, trespass, damage, or other matter in demand, do not exceed four pounds, or if the action be on bond, or note, given for the payment of money, or bills of credit only, vouched by two witnefles, and the fum demanded does not exceed ten pounds; if the fum in demand exceed forty fhillings, an appeal lies, except in actions on bonds and notes. A question has arifen, whether a note for more than ten pounds, could be indorfed within that fum, and no more than that fum demanded, so as to bring it within the jurifdiction of a justice; but it has been determined, that the face of the note gives the jurifdicti. , that an indorfement cannot alter it, for that may be a part of the difpute, nor can a party wave part of his debt, to leffen it to the jurifdiction of a juftice; this afcertains the jurifdi&tion, and one party fhall not alter it without the confent of the other. No appeal lies to an adjourned court. Bonds or notes vouched by two witneffes, and under ten pounds, if either of the witnesses should become interested, or die, will not be within the cognizance of juftices, upon the principle adopted respecting appeals. A juftice of the peace has no jurisdiction to try an arbitration note, if more than four pounds, tho less than ten pounds, and vouched by two witneffes, becauses the fum of the award is the rule of damages, and the note is not for money only, but in the nature of an escrow. When an action of trefpafs is brought before a justice of the peace, and the defendant juftifics by a plea of title, the facts shall be taken as confeffed, the juftice fhall make a record of it, and take a recognizance of the defendant, that he will pursue his plea of title to the next county court, and shall certify the same to the court with the whole process, In all actions brought before justices of the peace, for raising or obstructing the waters of any ftream, river, arm of the sea or creek, by the raifing or continuance of any mill dam, or other obfruction, in which the defendant fhall plead, that he has right to do the act; an appeal lies from the judgment of the justice of the peace, to the next county court, upon giving good and fufficient bond with fureties, to profecute the appeal, and in like manner, to the fuperior court. A juftice of the peace, has power to take and accept the confeffion and acknowledgment of any debt, not exceeding twenty pounds exclufive of the coft, from debtor to his creditor, either upon or without any antecedent process, as the parties fhall agree, which can be done only by the debt or ia perfon. Of which confeffion the justice must make a record, and may grant execution. It has been determined that the judgment fhould exprefs the particular debt or duty, about which it is converfant, as bond, note or book, that the judg ment may be a bar to an action brought for the fame thing; and that ; Statutes 473. Defborough vs Debarongh, S. C. 1789. that the judgment must not be for more cost than his own fee, unless upon an antecedent process which must appear of record. It has been adjudged, that a justice of the peace cannot take a confeffion on an an arbitration note, for he is to take confeffion only in case of a just and liquidated debt; if the confeffion of judgment upon arbitration notes be admitted, the party can have no day in court to object against the award, let it be ever fo irregu larly made. It has been adjudged by the fuperior court, that a justice of the peace cannot go out of the town in which he dwells, to try a caufe, unless there be no juftices of the peace in fuch town, who are legally qualified to try the fame. The jurifdiction of justices of the peace, extends to the execution of the statute, directing proceedings against forcible entry and detainer: two affiftants, or two justices, one being of the quorum, or one affiftant and one juftice, have the authority to enquire by a jury of forcible entries and detainers, of houfes, lands, tenements, and other poffeffions, and caufe the perfon who is forcibly diffeized or held out of poffeffion, to be refeized. Juftices of the peace may adminifter the oath. prescribed by ftatute, to poor debtors. If a juftice of the peace, render a judgment, and before the fame be fatisfied, or execution granted, be removed by death or otherwife, the perfon in whofe favour the judgment is, may bring action of debt at any time within five years, before an affistant, or justice of the peace, if it does not exceed ten pounds, if it exceeds ten pounds, the action must be brought to a higher court. Juftices of the peace are confidered as the civil authority of the town, in which they dwell, and have extenfive power in directing and advifing about the management of the affairs of the town, which will be confidered in the proper place. There are many other smaller matters within the jurifdiction of juftices, as mentioned by the statutes, but which cannot be enumerated in an elementary treatise. Curtice vs. Bulkley, S. C. 1791 A Palmer vs. Palmer, S. C. 1799. A diftinction is made between their judicial and minifterial office. In trying caufes, they act judicially. In taking depofitions, acknowledgments of deeds, and many other matters, they act minifterially. This concife account of our courts of juftice opens a profpect that must excite admiration and applaufe. The beautiful gradation from the lowest to the highest, the certain limits and bounds of their respective jurifdictions, the finallnefs of their number and the fimplicity of the whole inftitution, exhibit, the most excellent fyftem for the adminiftration of juftice, that has hitherto been adopted. From the fupreme power the ftreams of juftice iffue, and are distributed through every part, and to every individual of the flate. Juftices of the peace are appointed in every town, to decide and fettle the inferior controverfies between the people. From their courts, appeals lie to the courts of common pleas, in each county. Thefe courts befides this appellate jurifdiction, have original jurifdiction in all cafes of higher importance. To avoid unreasonable delay, and that the expence of trial, may not furmount the value of the matter in difpute, all actions of a certain defcription are finally tried, and determined in thefe courts. Eut in actions of greater magnitude, and for the purpose that uniform justice may be diffused, and established thro the state, appeals may be taken to the fuperior court, which prefides over the flate, and holds courts in every county. By this method the fame rule of right and the fame principles of juftice, are distributed to all the citizens, and the laws beconie uniform, confiftent, and univerfal. That questions of law may be fettled with the utmost precifion, and folemnity, writs of error lie from this court to the fupreme court of errors. To this court nothing appears but the facts as stated, and confidered in the pleadings, which gives them the fairest opportunity to investigate, and decide the abstract principles of law, without that bias and prejudice which imperceptibly operate upon the minds of courts, who are equally concerned at the fame time in the difcovery of the truth of facts, and the determination of points of law. This fight view of the fyftem of our courts, maft convince every perfon perfon that it is the beft calculated to avoid delay, and expence, and at the fame time furnish the parties a fair, and reasonable chance to obtain justice, of any institution in the power of human wifdom to devife. That fuits will be attended with expence, and that delays will fometimes neceffarily happen, cannot be denied. A thousand caufes will intervene, to render delays juftifiable, and create expence. But if this delay does not arife neceffarily from the inftitution, but is admitted, and calculated to promote juftice, by giving a fair opportunity to prepare for trial, it cannot be deemed a fault, but must be acknowledged to be an excellence. In this ftate no delays arife from the inftitution of our courts, which the party can take advantage of, to put off the trial, tho not neceffary to enable him to prepare for it, as is the cafe in England, and most other countries. But every action comes regularly to trial, at the term to which it is brought, unless good reafons can be given to induce the court to order a delay. In the administration of justice, it is true that unneceflary and unreafonable delays, may happen, but this must be attributed to the imperfection of human judgment, and not to any defect in the institution. But it is eafy for by-ftanders who view only the fuperstructure, without understanding the groundwork, to cenfure as faults, what they would admire as beauties, if they could comprehend the whole plan. So mortals, who have but a partial profpect of the fyftem of the univerfe, confider that to be evil, which if they could fathom the councils of eternity, they would pronounce the most perfect good. THE CHAPTER FIFTH. OF COUNTIES. HE ftate is divided into eight counties for the more convenieut administration of juftice. In every county town, court houses and goals, must be erected and kept in repair. The affiftants and juftices of the peace in the feveral counties, are empowered to tax the inhabitants, for building, repairing, and furnishing the court houfes and goals and are from time to time, to order, direct and Statutes. 89. take |