Enter a name, company, place or keywords to search across this item. Then click "Search" (or hit Enter).
Early California Laws and Policies Related to California Indians (2002) (51 pages)
Go to the Archive Home
Go to Thumbnail View of this Item
Go to Single Page View of this Item
Download the Page Image
Copy the Page Text to the Clipboard
Don't highlight the search terms on the Image
Show the Page Image
Show the Image Page Text
Reset View and Center Image
Zoom Out
Zoom In
Rotate Left
Rotate Right
Toggle Full Page View
Flip Image Horizontally
More Information About this Image
Get a Citation for Page or Image - Copy to the Clipboard
Go to the Previous Page (or Left Arrow key)
Go to the Next Page (or Right Arrow key)
Page: of 51
Justices of the Peace
The first California Constitution provided that the “Legislature shall determine the
number of Justices of the Peace, to be elected in each county, city, town, and
incorporated village of the State, and fix by law their powers, duties, and
responsibilities.”
In 1850, the first California Legislature provided that the jurisdiction of Justices of the
Peace was limited to the township where they were elected.’ Some of thapowers and
responsibilitles conferred upon the first Justices of the Peace
© authorized them to hear, try and determine civil cases when the amount
claimed was $200 or less (later raised to $500 in 1853).
© required them to take an oath and give a bond “in the penalty of five
thousand dollars, conditioned for the faithful performance of [their]
duties.””"*
© empowered them to be a magistrate, an “officer having power to issue a
warrant for the arrest of a person charged with a public offence.”
Throughout the period from 1850 into the 1860s, Justices of the Peace also presided over
Justice Courts within their township jurisdictions. These courts were not courts of
record, and had both civil and criminal jurisdiction to hear actions on
© contracts for payment of money,
© injuries to a person or taking or damaging personal property,
© statutory fines, penalties and forfeitures,
© mining claims within their jurisdiction,
© petty larceny, assault and battery (if not committed on a public officer),
and
o breaches of the peace, riots, and all misdemeanors punishable by fine not
exceeding $500 or imprisonment not exceeding three months, or both.'°
NT
The Justice Courts also held proceedings related to “vagrants and disorderly persons.
Justices of the Peace for Indians
The first bill introduced related to the 1850 Act (Senate Bill No. 54) provided for Justices
of the Peace for Indians, but it was not enacted. These Justices of the Peace were to be
elected by the Indians directly, at the order and direction of the Court of Sessions.” The
* See Appendix 3 for discussion of the Court of Sessions.
California Research Bureau, California State Library 7