The justice of the peace was a court official that existed at the

county A county is a geographic region of a country used for administrative or other purposesChambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...

or district level in from the colonial period of the

Province of North Carolina Province of North Carolina was a province of Kingdom of Great Britain, Great Britain that existed in North America from 1712(p. 80) to 1776. It was one of the five Southern Colonies, Southern colonies and one of the Thirteen Colonies, thir ...

until 1968 in the U.S. State of

North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...

. Originally, the Justices of the Peace had authority over the

Magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...

s 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 The governor of North Carolina is the head of government of the U.S. state of North Carolina. The governor directs the executive branch of the government and is the commander in chief of the military forces of the state. The current governor, ...

upon recommendation of the

North Carolina General Assembly The North Carolina General Assembly is the Bicameralism, bicameral legislature of the Government of North Carolina, State government of North Carolina. The legislature consists of two chambers: the North Carolina Senate, Senate and the North Ca ...

. After the

U.S. Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states t ...

, they were authorized to register

slave Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...

marriages that took place before the war. The number of Justices of the Peace in North Carolina continued to grow until the 1950s. The lack of uniform jurisdictions, rules and appointment procedures across North Carolina counties led to major changes in the North Carolina judicial system in 1968 that abolished the Justices of the Peace and placed some of their responsibilities with Magistrates.

Colonial period

Office and Authority of a Justice of the Peace

As the Province of North Carolina, counties and districts: were set up by the colonial Governor of North Carolina to serve as local government. In each county or district, the governor appointed Justices of the Peace. These Justices of Peace served as both court and administrator for the county or district. The courts administered by the Justices of the Peace were called Court of Pleas and Quarter Sessions.* Their jurisdiction included petty criminal offenses and some civil matters. In 1741, the colonial General Assembly gave authority to Justices of the Peace to solemnize marriages in any counties that had no minister or with a ministers consent. The following description of duties of the Justices of the Peace was made by Governor

William Tryon Lieutenant-General William Tryon (8 June 172927 January 1788) was a British Army officer and colonial administrator who served as governor of North Carolina from 1764 to 1771 and the governor of New York from 1771 to 1777. He also served durin ...

in 1768 to the North Carolina Governor's Council :"... keep and cause to be kept all Ordinances and Statutes and Acts of Assembly of our said Province for the good of the Peace and Preservation of the same, and for the Quiet Rule and Government of our People in the said Province (as well within Liberties as without) according to the Form and Effect of the same, and to Chastise and Punish all Persons that Offend against the Form of those Ordinances, Liberties and Acts of Assembly, and to cause to come before you or any of you all those who to any one or more of our People concerning their Bodies or the Firing of their Houses have used threats, to find sufficient security for the Peace or their good behaviour towards us and our People, and if they shall refuse to find such Security, then them in our Prisons until they shall find such Security to cause to be safely kept, and also to Cause to come before you or any of you all those who have Committed any Treasons, Felonies, Poysonings, Enchantments, Sorceries, Art Magick Trespasses and Extortions whatsoever within our said Province; And also all those who in our said Province in Companies against our Peace in Disturbance of our People with armed force have gone or rode or who shall hereafter presume to go or ride, and also all those who have there lain in wait, or who shall presume to lay in wait, and them in our Prisons to cause to be safely kept, they shall be discharged by due Course of Law, or otherwise dealt with according as by the said Ordinances, Statutes, and Acts Assembly is directed, or shall be directed, and ought to be done." The first manual for North Carolina justices of the peace was written by James Davis in 1774. This manual was based on a similar manual written in Virginia in 1736. Colonial justices of peace were based on English law. However, there were major differences in that colonial justices of the peace had civil jurisdictions and sat as a court of record in criminal matters. In southern colonies, such as North Carolina, justices of the peace also had responsibilities for matters concerning slaves.

Early Statehood

The 1776 Constitution of North Carolina says the following about the Justices of the Peace: "XXXIII. That the Justices of the Peace, within their respective counties in this State, shall in future be recommended to the Governor for the time being, by the Representatives in General Assembly; and the Governor shall commission them accordingly: and the Justices, when so commissioned, shall hold their offices during good behaviour, and shall not be removed from office by the General Assembly, unless for misbehaviour, absence, or inability." In 1778, a law was passed by the North Carolina legislature that authorized Justices of Peace to solemnize marriages A few years later in 1805, Superior Courts were set up in North Carolina. The county courts continued to be run by the Justices of the Peace.

After the U.S. Civil War

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.

Modern era

The number of Justices of the Peace continued to grow until it reached about 900 in the 1950s. The lack of jurisdiction uniformity, rules or selection procedures led to reforms in the 1950s. This led to the replacement of Justices of Peace with magistrates. The Justices of the Peace office was removed as a part of the North Carolina Judiciary system by an act of the North Carolina General Assembly in 1968. Specifically, this act (Chapter 7A, Article 16) included the following statement: "Office of justice of the peace abolished. The office of justice of the peace is abolished in each county upon the establishment of a district court therein. (1965, c. 310, s. 1.)" The North Carolina Constitution, amended in 1971, did not include any mention of "Justice of the Peace". The "Magistrate" replaced Justices of the Peace in their judiciary duties.

References

Additional reading