To be a Justice of the Peace, one must have income of 100 pounds a
year from a freehold, copyhold, or customary estate that is for
life or for a term of at least 21 years, or be entitled to a
reversion of lands leased for 1 or 2 or 3 lives, or for any term
of years determinable on the death of 1 or 2 or 3 lives. Excepted
were peers, justices, and heads of colleges or vice chancellors at
the universities. The Justices of the Peace were selected by the
superintending Sheriffs and Lords Lieutenant, the latter of whom
were usually peer with a ministers' office or a high court
official. No attorney or solicitor or proctor could be a Justice
of the Peace unless the locality had Justices of the Peace by
charter.
A request for Certiorari for removal of convictions, judgments,
orders made by Justices of the Peace must be made within six
months and after notice to the Justice of the Peace who may argue
cause against granting certiorari.
In the common law courts, trespass in ejectment served the
purposes of most of the actions involving land. Assumpsit covered
the whole province of debt, and much more. Trover more than
covered the old province of detinue. Trespass still served for all
cases in which the defendant had been guilty of directly applying
force to the plaintiff's body, goods or chattels. Trespass on the
case covered miscellaneous torts. Replevin was still used.
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