Legislative History

Following English tradition, justices of the peace (also called magistrates) served as the most basic forum for the administration of criminal and civil laws during the colonial period. Their territorial jurisdiction extended throughout the county for which they were appointed by the governor. Justices of the peace jurisdiction over criminal cases was limited to misdemeanor offenses. In the case of civil law, each justice constituted a Court for the Trial of Small Causes, which had the authority to hear cases involving debts not over forty shillings in value. Among many other duties they also officiated at marriages, swore-in grand juries and served on the more formal courts of General Quarter Sessions and Common Pleas.

In 1799, their duties as a criminal justice—which had previously been established by tradition—were codified by statute. These included trying disorderly persons or violators of the peace, runaway slaves or servants, prostitutes, persons accused of assault, and arsonists. In the same act, the maximum amount cognizable by courts for small causes was raised to $60; it was regularly raised again by successive acts throughout the nineteenth century. Justices were required to keep a docket book of all cases they heard. Their other duties remained the same, but they could not sit on any court of appeal for a case they had tried originally. In 1846, the position became elected annually.

By the beginning of the twentieth century, the courts for small causes and justices of the peace themselves were slowly being replaced. Legislation passed in 1902 and 1903 deprived justices of jurisdiction where a district court existed. In 1928, the justices also lost jurisdiction over cases involving alimony or child support. Finally, in 1948, the office of justice of the peace and courts for small causes were abolished and their functions were absorbed by the district and small claims courts.

Content Note

These records consist principally of docket books and loose complaint files, together with small volumes of correspondence and receipts for fines paid. Docket books were also used occasionally to record marriages. Some documents are labeled “memoranda” or “warrants,” but they contain the same information as complaints. The dockets are arranged alphabetically by the name of the justice, with the oversized dockets stored at the end of the series.

The “Justice of the Peace Index” (in Box OV-13) is arranged alphabetically by defendant, and lists case number, magistrate and date filed. On the inside front cover is a list of the magistrates and their respective districts. Unfortunately, none of the names in this index correspond with the names of the justices for whom there are documents.

225 West State Street
P.O. Box 307
Trenton, NJ 08625-0307
609.292.6260 (general information)
609.633.8334 (administrative office)
609.292.9105 (fax)