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JUSTICE (Lat. justitia)

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Originally appearing in Volume V15, Page 595 of the 1911 Encyclopedia Britannica.
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JUSTICE (See also:Lat. justitia) , a See also:term used both in the abstract, for the quality of being or doing what is just, i.e. right in See also:law and See also:equity, and in the See also:concrete for an officer deputed by the See also:sovereign to administer justice, and do right by way of See also:judgment. It has See also:long been the See also:official See also:title of the See also:judges of two of the See also:English See also:superior courts of See also:common law, and it is now extended to 1 Where a See also:borough See also:council See also:desire the See also:appointment of a stipendiary See also:magistrate they may See also:present a See also:petition for the same to the secretary of See also:state and it is thereupon lawful for the See also:king to appoint to that See also:office a See also:barrister of seven years' See also:standing. He is by virtue of his office a justice for the borough, and receives a yearly See also:salary, payable in four equal quarterly instalments. On a vacancy, application must again be made as for a first appointment. There may be more than one stipendiary magistrate for a borough _ - The chairman of a See also:county council is ex officio a justice of the See also:peace for the county, and the chairman of an See also:urban or rural See also:district council for the county in which the district is situated. Justices cannot See also:act beyond the limits of the See also:jurisdiction for which they are appointed, and the See also:warrant of a justice cannot be executed out of his jurisdiction unless it be backed, that is, endorsed by a justice of the jurisdiction in which it is to be carried into See also:execution. A justice improperly refusing to act on his office, or acting partially and corruptly, may be proceeded against by a criminal See also:information, and a justice refusing to act may be compelled to do so by the High See also:Court of Justice. An See also:action will See also:lie against a justice for any act done by him in excess of his jurisdiction, and for any act within his jurisdiction which has been done wrongfully and with malice, and without See also:reason-able or probable cause. But no action can be brought against a justice for a wrongful conviction until it has been quashed. By the Justices' Qualification Act 1744, every justice for a county was required to have an See also:estate of See also:freehold, See also:copyhold, or customary See also:tenure in See also:fee, for See also:life or a given term, of the yearly value of roo. By an act of 1875 the occupation of a See also:house rated at roo was made a qualification. No such qualifications were ever required for a borough justice, and it was not until 1906 that county justices were put on the same footing in this respect.

The Justices of the Peace Act 1go6 did away with all qualification by estate. It also removed the See also:

necessity for See also:residence within the county, permitting the same residential qualification as for borough justices, " within seven See also:miles thereof." The same act removed the disqualification of solicitors to be county justices and assimilated to the existing See also:power to remove other justices from the See also:commission of the peace the power to exclude ex officio justices. The justices for every See also:petty sessional See also:division of a county or for a borough having a See also:separate commission of the peace must appoint a See also:fit See also:person to be their salaried clerk. He must be either a barrister of not less than fourteen years' standing, or a See also:solicitor of the supreme court, or have served for not less than seven years as a clerk to a See also:police or stipendiary magistrate or to a See also:metropolitan police court. An See also:alderman or councillor of a borough must not be appointed as clerk, nor can a clerk of the peace for the borough or for the county in which the borough is situated be appointed. A borough clerk is not allowed to prosecute. The salary of a justice's clerk comes, in See also:London, out of the police fund; in counties out of the county fund; in county boroughs out of the borough fund, and in other boroughs out of the county fund. The vast and multifarious duties of the justices See also:cover some portion of every important See also:head of the criminal law, and extend to a considerable number of matters See also:relating to the See also:civil law. In the See also:United States these See also:officers are sometimes appointed by the executive, sometimes elected. In some states, justices of the peace have jurisdiction in civil cases given to them by See also:local regulations.

End of Article: JUSTICE (Lat. justitia)

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