Eastern times. [volume] (Bath, Me.) 1846-1857, 1855-07-05

JUNE Term, 1S55-kENNEBEC COUNTY.
In the mailer of JOHN Henson, on trrn of
LaJeds Corpus. NV. XII. NJ
SnEPLEY C.. ]. -
From the return made by theprson keeper
TO the writ of Habeas Corpus, it appears, that
the prisoner was committed to prison on June
9th, 1855, by virtue of mittimus issued by
the Judge of the Municipal Court for the city
of Augusta recltlng that the prisoner had been
tried and found guilty by him of having on the
fifteenth day of May, 1855, sold one quart of
brandy to George W. Doe, contrary TO the
form of the statute; and had been tried by him
and sentenced 10 pay fue Of twenty dollars
and costs OF prosecution, taxed at five dollars
and sixty-one cents, and to be imprisoned In
the county Jail for the term of thirty days, and
10 stand committed till said order be complied
with.
BY the eleventh section of the act incorpor-
ating the city OF Augusta approved on July
23d, 1919, it is provided, that there shall be
established a municipal court to consist Of one
judge, 90 who shall have concurrent jurisdic-
ton with justices of the peace in all matters
civil and criminal within the county of Kenne-
bec;' and jurisdiction in all cases of simple
larceny where the property shall not exceed
in value the sum of twenty dollars. His gen.
eral jurisdiction of offences, other than lar
ceny, is to be ascertaned from the jurisdiction
which justices Of the peace have; and they by
the Revised Statutes C. ITO, are authorized to
punish by fine mot exceeding ten dollars, :"
persons convicted Of certain enumerated Of
fences; and to try all offences within their
jurisdiction and to sentence those convicted
according to law. They are not authorized
thereby to impose fine exceeding ten dollars,
or to imprison for any time wh!.::.evet. b.
particular provisinas in other statues they are
authorized as in cases of larceny to punish BY
a line not exceeding twenty dollars and by
Imprisonment not exceeding six mouths. But
their general jurisdiction is not thereby en-
larged. No statute has been cited or noticed
giving to them a general jurisdiction of Of
fences with power TO impose fine. 10 the
amount of twenty dollars, or to imprison per-
son for any time. Such Jurisdiction, if it
exists, must be derived from some statute es-
pecially comforting it. r~y
BY the act for the suppression of drinking
houses and tipping shops, approved on June
2, 1851, provision was made by the fifth sec
ton, that :" any forfeiture or penalty arising
under the above section may be recovered BY
an action of debt, or by complaint before any
justice OF the peace or Judge Of any. municipal
or police court, 10 the county where the of
fence was committed" By the section re-
ferred to as above the sale of intoxicating
liquors was prohibited. Here the jurisdiction
was specially conferred /; but by the act APP
proved on March 18th, 1855, that act and the
act approved on March 81, 1853, were re-
peaIed, saving all processes then pending, and
leaving them in force for the punishment of
all offences committed under them. Justices
Of the peace cannot, therefore, have any juris-
dicliou by virtue of the acts of 1851 and 1858
of any such offence committed since the first
day of Nav, 1855, when the act of 1855 took
effect. If they have jurisdiction to punish for
offences committed since that time by the sale
of intoxicating liquors in violation Of the pro-
visions of the second section of the act of 1855,
it must be derived from some provision con-.
tanned in that act. No such jurisdiction is
conferred, or attempted 10 be conferred, by the
second section, which prohibits the sale. s
There is a provision contained in the nine
teenih section that " any penalties or forfeit
ures the recovery of which is not otherwise
provided for in this act, may be recovered by
complaint or indictment in any court proper to
try the same" This does not determine what
court is proper to try the same, but leaves it
to be ascertained from existing laws. No
provision has been found in any section Of the
dCt VI lOoo CAptcoSiy SonioiiihS uPon JuSsiSOo
of the peace, or municipal or police judges,
any jurisdiction of the offence of which the
prisoner was found to be guilty.
By the eighth section OF the act they have
jurisdiction to try and punish persons found to
be guilty of certain offences therein named
but this does not include offences against the
provisions of the second action. 1t is insisted
that jurisdiction is conferred upon them, by
| imnlcatOn frtm nrovisions contained in sew
eral of the sections. hss-.-r gias
Provision is made in the twentieth section
for an appeal from the decisions of such judge
or justice of the peace, and for recognizances
to be by them taken in cases which might
arise out of violations of the provisions of the
second section.
Provision is also made for appeals from
their decisions by the twenty-ninth section BY
language appropriate to- authorize them in
cases arising under the eighth section over