Originally, the Justices of the Peace had authority over the Magistrates Courts, which covered petty criminal offenses and some civil matters.
After North Carolina became a State, they continued authority over Magistrates Courts at the county level, as well as solemnizing of marriages.
[10][11] The following description of duties of the Justices of the Peace was made by Governor William Tryon in 1768 to the North Carolina Governor's Council[12] The first manual for North Carolina justices of the peace was written by James Davis in 1774.
However, there were major differences in that colonial justices of the peace had civil jurisdictions and sat as a court of record in criminal matters.
In southern colonies, such as North Carolina, justices of the peace also had responsibilities for matters concerning slaves.
That the Justices of the Peace, within their respective counties in this State, shall in future be recommended to the Governor for the time being, by the Representatives in General Assembly; and the Governor shall commission them accordingly: and the Justices, when so commissioned, shall hold their offices during good behaviour, and shall not be removed from office by the General Assembly, unless for misbehaviour, absence, or inability.
[8] In 1866, The General Assembly passed "An Act Concerning Negroes and Persons of Color or of Mixed Blood".
Specifically, this act (Chapter 7A, Article 16) included the following statement: "Office of justice of the peace abolished.