The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-04
NEW YORK HERALD, WEDNESDAY, JULY T. 1855.

ceses, DO inference can hs drawn thai AppeAls from
decisions made under the secsod section wsrs tn
=. By tie sAisty'an. section provisisa is made
wh.nevsr 10 tbs ses ans and inpslsonusat s-s tbs
Pun.sAnent Provscei isr the offence charssd, Il shah
vet 10 both 6ns and inprisonnsnt.
tbs language Ii applicable to offences Arisiog
u1oe' sne eighth section, and no Inference CA 10
drawn that 1t authorized punishment 81 be iaaicssd
for odeocss ~ ainst the secrnd section.
BY The thirty second sectinn forms Of process to
be used are prescribed aud II Ia declared thst they
spa1 Be deemed sufficient In Law, for si tas casss
sasss unesr this acs 70 which they purport 70 -
Among these forms ID one for . complaint to be
mace 70 justice u the peace, tbat the psrs0n &C
@ q 70 s sas o
tie statute. There u also form for a warrant TO
he Issued BY ajusace Of the peace on 81 a COM
paint. art form for reoogn'Eance to 90 taken BY
HIM 10 case OF an appeal from his dccisi0n dadinK
the sccused guilty OF euca aa ofeuce.
NtiIhsr OF these forms cantAins any allegation or
recital Of rtsiture Of twenty doilars ot tha.
accused "a leble to be imprisoned for thirty days.
nucn But HstlJs or ytcitAls ire not necessar1 60
th.tr legal v,hdisy; and the om,ssiox OF tn.m q
only noticed to show that no words used In yho
forms, c,n;erring . jur'sdictou to puoish BY Ia.
peel, fire Of tsenty dollars or an I'm crlsoanent
OF T. irfy Gays. Thsy ann0s therefore in1iot such
Iuriabm. nj By virtue Of tpese ferns. And couet
cannot en rcise ju sti toI over al offence wheu 1t
cannot inf,cs the punis' ment pres xibed fos il by
tfs'ute.- 9 .mmon Sesitn V. Curtis. rhasohsr's
BY the voads "shalI be deemed sufficient In lax
for AL cases arising under this act to which thsy
pDtpCIt to be adapted" no more Ia ms =; thSa
hat they shall be deemed legal aud sefiicleat
melt Of oon ect and legal forms to be used for
the persecution 81 Lunishments Of an of,ncs caa-
not confer jurisdiction upon Q court 4, strate
II 10, aIo words "ohe OF tbs justices OF tue
49, szIA e~R
words judge CT probate, or couu,y commIssio Ger !,
were hsersed, then . judge Of probate or county
commissioners would have jur sdicdon, without any
Other irovsioa OF law cotferrog such Jurisdiction
upon thsm. The same remark would be apple able
TO the provision authorizing appeals to be ma ie
from the decisions OF Justices OF She peace. pro
y,s,on author Eng IN appeal from the decision Of
court In csimIal csses, canpos give the tribunal
from which lhe appeal "a al0@ed 10 DO made, juris.
diction In all su.h cases.
at u Al estsbiiaheQ rule OF Law that the jQrsdlc
ton q On inslior court, or magistrate Is neyer TO
he pitsuned. It must be clearly exhibited.
Of 1866 do clearly sho~. that they wsre mace up N
the assumDtlcn tr suppositi0u, tbs; muaicipL aud
police judges and justices Of the peace mad iursdlc
tlon. II fom such oDactDepts, then, jurisdiction
Il It were capable Of proof that the provision con-
tair ed In the act OF 1851 Jessy cDnfenicg u,h
jurtsdi sionl had oeen originally inserted 10 toe
OF 1855, AID lad been upon deliberate consid ration
5iiCheu Out id S-so very puIpCbhCI urprlVIuB tn0m
Of such Jurisdiction Ii Is said tina. the intention OF
the legislature to confer such Jurisdiction Is csary
o4rtaiI able from tie provisions CT the act, aud
that such i0tenfion should be made effsctuat. Toe
intention OF Legislative body by to law regard
ed as rule tor court 10 deter mine what ccnst NC
ton the language ~hih the Legislature has used
should Teceive. But no rule Of oonstru ,tion IL
kIovD. or admitted, by which q clearly percsived
detect or omission In lsgisa itn TO accomplish an
important purpose in chi ninsl law has kcen, or can
be supplied By iDieyriDg IL from Language used for
another purpose not suited nor inter ded to supply
that refect.
II Ne Intention Of the Lei islature coul. DO u.,a
legally .or the purpose of making the Law what they
supposed il was, aud Intended 1t shou be- instead
OF rle o. construct IN 70 ascertain from the Lao
eusge ustd shat tns tmcnts /. bad reslly made.
this difficulty would remain, that NO person caa
ccBclu0e or beit We that the Ls <tsatufe intended
by the mefe enactment Of the forms to gise jar!s-
o!ction. Tie i-teItion TO give jurisdiction By the
foins DOES not Therefore exist II forms alone are
relied Upon, tbs form Of comp ain. for siugle sale
is rot form adcrsssd TO = municipal cr p,los
judge ard no pIovsic Is made tina. sash fora for
3 complaint shsli DO go varied Is 10 make IL appl-
cube 10 such juose.
Even In tie Construction of wills which the intsn-
ton Of the tts.ator Is to b. PIE emoenty the guide
Ct the court that iLteution cannot, no Wever clearly
dsccverab) be made efe ,tusl, there pc found In
the VIII no l.rguaSe used BY which the object cAa
In the case Of Pickering w. Lar gdon, 25 Me-, AIS,
the Opinion states:-
But tbs court is NO. authorized TO supply omissions
adding wcros even for such purpoes. The intentioi
10 thing and the execution OF that intentoa BY III
testarlx smother. She must execute her intsntons
the use Of rome largusge to give 70 the court the po~s
70 execute them to make them ehectuai.
II the court were TO supply clear defect OF 70
giiati0n 70 give magistrates criminal jurisdiction
It would exhibit an act Of judicial Legislation forbid
den b the 3nAtitution.
zhs case Of Commonwealth ". Leach, l Mass.
SO, referred TO by the attorney for the State In this
<rvfy In, thA fssvfn NJ
mer court Of general sessions 10 criminal case was
implied, does not authorize such . concuzion. The
court held, that jurisdiction bad besn conferred
upon justices Of the peace By the adoption In that
State Of the statutes OF Edward ., expressly confer
ring such Jurisdiction.
The construction OF The law respecting the pun.
sAment Of cssnoes for selling intoxisstng liquors
In voiatioe Of the second section Of the Get Of 1855,
appeals TO b this. The Legislature has, by enact
mems, provided for luitable forms 70 b used By
justices OF the peace for ths punishment Of such o.
hncts, ard has provided for appeals from their de.
oisons upon ire suppositos that they had jurisdo-
vi euppcrted and without foundation. TO hold thu,
those aaistSaus have thereby acquired jurisdiction
wcud be 10 make tho crTcc eous suppostion Of leg
slative body tbetouDdstcn, and the only foundation,
such magistrates TO impison the persons Of the ciu
zens. The intro duction Of snch principle into the
adminisration OF crimipa a. law cannot be admitted.
TIE rue Of law respecting tho criminal jurtsdc-
ton q courts s Tins stated By EApinssse on Penal
Statutes:
With respect bo-sves 70 statute. giving
difference mutt be observed as TO TIE super or and tn
terror courts The courts above may havs jurisdiction
hy implication ~ 10 the cssos Of penal statutes men
tor ID, sueh Rex MslArd (snte fol ~ prohibiting
shy matter Of public ooncsrn under penalty. but
With out sppropriatrg and which Ia debt due 10 tine
Gown, AND recoverable In tbs Court OF Ercbsqusr.
lhst might 10 sued for in The courts above though they
are not nsUed but InfsIor court Jurisdiction
have cospisses Of ary penalty recoverable under
nsi statute by I'm picAton They must be expressly
mebtstned In the statutes themselves ane oognzancs
giyts 70 4 en- IN express terms.
THIS language wes adopted and sanctioned by the
court N t5e case OF Bowers Gfeeo seam. 42),
IN Which the opinion states Jurisdiction not having
tetD given expressly to justices Of the peace We
~ tpiTop that TIE justice IN this case nad no jurs
diciiop.' Whether the doctrine "a stated by Espi
rssse, tia. 81 eior .ur.s have juriscicto1 by ion
piosiion, can be applicable 70 courts existing under
cur in.ti!uticns, i IS not now Necessary 70 deter
nine.
All doubt, II any exits On this subject, may be
removed BY presenting he provision contained In
statute. c. l6T, ~, which IA Ia these words
Al Gn,s and forf.tures given or limited by Law 10
vtoi~ or in part 10 the OF tbs STATE nsy 30 rsoo
~ nd ~ gne o.