Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1854-01-05


Of Common Pleas. by appeals from the
decisions Of Justices Of the Peace, un-
der the "act TOR the more ehectual
suppression of drinking houses and tip
Lling shops
The first question was 10 the consti-
tutionaIity Of the act. Judge Staples
said that he should rule the law to be
constitutional inasmuch as il was the
province of the Supreme Court 10 pass
uron the constiluiionality Of the laws
passed by the General Assem-
bly,.
In number OF the cases an objection
was made that there was no addition 10
the defendants name. ihe general
law regulating proceedings in Courts.
prescribcs, that in every indictment or
warrant, there shall be added TO the
name Of the accused The place where he
belongs or in which he is commoranf,
and his degree or mystery and such ad-
dition being omitted, or exception being
roken thereto by tho person interested
the indictment or warrant shall be
auashed. In these cases, Judge Staples
ruled that the exception, IN order TO
avail, must he rgh, in form and right
in time, and to be 81, must be by motion
or pl, a, and before lea Of not guilty,
and, of course before the Justice OF the
Peace originally trying the case That
no one bul the party interested could
take advantage oi the OMISSION, ana
that he was not bound TO, but
NIGH, waive it. That by pleading not
| guilty the defendant did waive the ex
ception, and having waived it then, can
not Sc, il up now, Tor had il been insist
ed on before the Justice, the warrant
| could have been amended ana the prop
or adduion given I. the defendant. I'M
! der the large power OF amendment Civ
i EN- in the act under which the process
was commenced The objection was
II therefore overruled.
II There was another class Of cases, in
which the complaint WAS addressed TO
/ John Tuckc,, Esq, one OF The Justices
of the Pence in the toanoi North Prov
idenre, and the warrant slgncd by hIm'
The complainant, appeared before Alex
ander Mrggett, Esq, Justice oi the
Peace in tie same town, and made oath
TO tie compliant and gave recognlzahce
before him TO prosecute III those cases
where recognizance was required. An
objection was taken by Messrs Rivers
and Updlkr, couhsel for the defendant,
to these cascs, that only the magistrate
| who received the complaint and swore
the complainant to lis truth, and who
took the recognlzauce, C uld issue the
warrant.
The law prescrbcs that when CON-
plant shall be made to any Justice oi
the Pence in mis- county, Of any offence
within lis county within hiS jurlsilc-
tion, such Just ce shall examine the
complainant under oath, reduce the
complaint to writing, and cause tito he
signed by the complainant Then, II
the complainant shall then, before sncl
Justice, enter into a recognlzance in
such sum not exceeding fifty dollars aud
such surety as the Justice shall direct
and approve, conditioned, &c. such JUS
tice shall issue hls warrant.
In these cases 1t was ruled, that the
complaints aud warrants could not be
sustained. That the Justice who issues
warrant should himself receive the
complaint, examine the complainant,
swear the complainant to the complaint
direct the amount oi recognizance with
in fifty dollars, and approve ot the sure
lies to such recognzance. Tha; if these
several acts are done by another, the
magistrate lssuing the warrant has no
certain knowledge, though he may have
satisfactory evidence, that these acts
have been done. That the statute con-
fers on a magistrate issuing n warrant
certain powers and duties which none
but he can perform. That the matter
objected TO by the defendants is matter
of substance and not oi form, aad such
in ma ture is not capable OF 5cing amend
ed even by the Justice trying the same,
under the extensive powero Of amend
ment in this act contained in fact that
there was no such complaint as author
ized the issuing Of a wa.rant-Pror.
Journal
OuTRAoE.-As Mrs. Mary Ames was
returning from a sewing circle,ln Brad
ford, Mass, on Thursday evening.
while passing across a ie d from the
depot, and not lar from her house,
man suddenly stepped up behind her,
aud seized her by the hair, and threat
ened her life if che made the least noise,
A 4 A l.. -. a,