People v. Keeler

By the Court, W. B. Wright, P. J.

Justices of the peace are constitutional officers ; and, in this respect, differ from those executive and ministerial officers, in towns, created by the legislature and existing at its will. The constitutions of 1777, 1821 and 1846, recognized justices of the peace as a branch of the judiciary; insomuch that it has not been within the pow-ers of legislation to abolish the office. The office, originally held by appointment, was made elective by an amendment of the constitution in 1826, and from that time until 1829, the officer was voted for and chosen at the…