Justices of the Peace of Kinross

• Reference:GB 252 CC2/JP
• Dates of Creation:1748-1957
• Physical Description:
  0.15 Linear Metres

• Scope and Content

  Papers relating to weights and measures, 1824-1891, and to explosives acts, 1875-1889; Applications, appeals and protests, 1878-1888; Papers relating to oath of loyalty, 1760-1858; Licensing Court papers, 1880- c 1935; Miscellaneous papers and letters, 1748-1957

• Administrative / Biographical History

  The justices of the peace were originally appointed by the king and his council, and office-holders were mostly drawn from major families, although no particular qualification in rank or property was required. From 1707 JPs were appointed by the Lord Chancellor of Great Britain, but in 1955 this duty was transferred to the Secretary of State for Scotland by the Transfer of Functions (Justices of the Peace) (Scotland) Order, 1955, no. 240. Landowners continued to be heavily represented as a group amongst JPs. The whole of the JPs in a county made up the commission of the peace. JPs sat at four different types of session: general, petty, special and quarter sessions. Quarter sessions were meetings of all justices in the county, occurring four times a year on specific dates to hear cases and make administrative decisions. From 1741 these meetings were to be held in the head burgh of the county. Petty sessions were held as required during the year. General sessions were adjourned quarter sessions, and special sessions were quarter session meetings but for a specific piece of business. Not all JP courts were well organised, however, which has impacted on the quality and quantity of surviving record.

  The justices of the peace first came into existence in Scotland in 1587but did not become an important administrative force until the eighteenth century. The Act of Union in 1707 led to an attempt at extending the powers enjoyed by the English justices of the peace to Scotland, but in Scotland JPs never obtained the prominence that they had in England.

  JPs had civil and criminal jurisdiction, wide-ranging but not dealing with serious business. The criminal jurisdiction was mostly confined to preservation of the public peace, with sheriff courts achieving dominance in criminal matters. Civil jurisdiction included the power to regulate the wages and conditions of servants and other rural workmen. The Small Debt Court was an important extension of their judicial role which permitted the suing for debts of only a few pounds, but the loss of small debt jurisdiction to sheriff courts in 1825 led to a decline in JPs' court business.

  General administrative business included oversight of weights and measures, roads, and carting regulations; and later the JPs' role extended to militia recruitment, administration (albeit limited) of the poor law and vagrancy, theatre and friendly society licensing, and early factory safety legislation. Licensing had been the remit of JPs from the start but they only had the right to grant licences to sellers of ales and spirits, not the right to take them away. The Alehouses Licensing Act 1756 gave JPs more specific powers over licensing. They were to hold an annual session to grant and renew licences outside royal burghs, which after 1765 were held regularly after the introduction of an annual inspection of licensing records by the government. Separate licensing court records are commonly found. The Liquor Licensing (Scotland) Act 1828 gave the justices the power to divide counties into districts for the purposes of licensing.

  In the nineteenth century the justices of the peace functions tended to decline. The Local Government (Scotland) Act 1889 transferred many of their administrative powers to the new county councils, including the regulation of weights and measures and gas meters, but left their licensing and judicial powers unchanged. Their remaining administrative powers comprised licensing of tradesmen (eg pawnbrokers) and proprietors where a fee was paid, which included game dealers and gunpowder retailers. Under the Licensing (Scotland) Act 1903 Licensing Courts were to be constituted, whose membership would (in counties) be partly JPs and partly elected councillors.

  The Children Act 1908 gave certain powers to JPs to deal in criminal cases of children under 16. The Children and Young Persons (Scotland) Act 1932 further strengthened JPs' role in juvenile courts. The children's hearing system replaced juvenile courts as a result of the Social Work (Scotland) Act 1968

  The District Courts (Scotland) Act 1975 established district courts with wider powers, in which JPs sit, with a legally qualified clerk to provide advice. Justice of the Peace courts were abolished on 16 May 1975 by this Act. The district courts are based on local authority areas and financed by the relevant local authority.

• Arrangement

  No particular order

• Conditions Governing Use

  Reproduction is available subject to preservation requirements, copyright and data protection restrictions. Charges are made for this service. Applications should be made to Archive staff.