JURISDICTION OF JUSTICES OF THE PEACE.
Mr. Yancey's bill [S. 133] to reduce the number of civil magistrates, was read the second time with a Committee report recommending that it lie on the table.
Mr. YANCEY hoped the Senate would not concur. The main object is to do away with an unnecessary number of Justices of the Peace. It also provides there shall be but one for each Township, and one additional for each incorporated town, and two additional for each incorporated city. Senators may object to having one Justice in a Township because it does not give a chance for change of venue, but where a change is taken it is usually sent to another Township.
And there may be some objection to the jurisdiction of $500 into it. Exclusive jurisdiction in sums of $25 is right. The common people would like to have some such law in regard to Justices Court. Were this bill to pass, men of character would be more apt to seek the office.
Mr. BELL said it would not do to enact this bill into a law. There is absolute need of more than one Justice in each Township. To give Justices jurisdiction in sums of $500 would take away business from higher Courts. This bill gives exclusive jurisdiction in civil cases where the fine does not exceed $25. In the larger Counties there is no necessity for such a provision as this. The inconvenience of changes of venue where there is but one Justice of the Peace in a Township would be very inconvenient. The bill is certainly very objectionable.
Mr. GRAHAM called attention to a statute provision in reference to Justices of the Peace where the number maybe regulated by Boards of County Commissioners. He opposed extending their jurisdiction because they do not take good car of their jurisdiction as a general thing. The Courts of the State are not so crowded with business as to grant additional jurisdiction to Justices of the Peace.
Mr. SPANN--There are not ten Justices of the Peace out of every 100 competent to make a record upon a judgment rendered by themselves. This bill would but encourage litigation. Many having small judgments rendered against them, knowing they could get a reversal from a higher Court, do not take an appeal because the amount in litigation is so small.
Mr. YANCEY desired to see the minds of Justices expanded by adding to their jurisdiction, and decreasing te number. He hoped the report of the Committee will not be concurred in.
The report was concurred in.
