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Show A FEW HINTS TO THE JUSTICES OF THE PEACE. Certain late occurrences in Justice's courts in the county have led us to venture a few hints to justices of the peace. Most of the men holding this position in our county are not learned in legal lore. In former years our justices had but little legal business to do, and usually when cases were brought before them they aimed to settle them in ?? lest manner, regarding the equities rather than the legal formalities involved. In many instances the formalities of the law were disregarded in the effort to get at strict justice. However commendable this may be morally, a day is dawning on our community in which these good old ways of meting out justice will have to be changed until they conform more strictly to the formalities of the statutes, or our minor courts will be getting themselves into trouble. It is very necessary that justices should familiarize themselves with the forms of such documents as they are called upon to issue, such as warrants, summonses, executions, civil and criminal complaints, &c. In a criminal case recently one of our justices issued a summons instead of a warrant for arrest. His blunder, if not corrected in time, might have made quite a bill of ?? for the county. In another case recently a city justice drew up a complaint in a criminal case, charging that the offense committed was a violation of the territorial statute and also of the ordinances of - city. The defendant might have been tried under either law, but he could not be tried under both laws at the same time. We lately knew of a case in which a justice granted a new trial in a criminal case on the grounds prescribed by law for a new trial in civil cases. It not infrequently happens that some of our justices, in their papers and proceedings get civil and criminal law gloriously mixed. Several cases of the kind have lately come to our notice. Of course men unfamiliar with the principles and formalities of law are liable to make mistakes. But justices should bear in mind that their mistakes may result in serious loss to the county or municipal treasury, and when they are called to act in legal matters which they do not clearly understand, they should apply for legal counsel. It has ever been the policy of the great mass of the people of this Territory to avoid litigation, and to keep their troubles out of the courts. In the furtherance of this beneficent policy, justices may exercise an effective influence. In civil cases they have a perfect right to attempt, in a friendly way, a compromise, and in criminal actions they are not required to issue a warrant for the arrest of a person, unless they are satisfied that there are grounds for a criminal suit. The only way to compel a justice to entertain a criminal complaint, or to issue a warrant of arrest contrary to his own judgement, is by obtaining a writ of ?? from a higher court. Justices may refuse to entertain criminal complaints, when they are satisfied that they are not well grounded, and thus they may, in many instances, check attempts at foolish, frivolous or malicious criminal suits. |