Arkansas true Democrat., 1862-01-02
An Act Conferring on Justices of the Peace exclusive original Jurisdiction in certain Misdemean0rs. \

SHsrIoN L Be 4 ejacted 6y Ms G5pera Assembly of tde ,State Qf Arkeasas, That hereafter no assault, assault and battery. or afIay, shall be ndictable; but all such offences shall lc prosecuted in a summary manner by presentment of 9 cun4abIe, or any other person, before justices of the peace, as hereinafter provided
 Sr3 ,. Be 4 ftrtder cnaoted. That the ,ul:s-- ton ,ol,, sticcs of tho peaco shall not extend to trial or punishment in any case of riot, or unlawful assembly, nor to any assault and battery which, by the then existing laws, may be punished by impIiS onment in the penitentiarv or common jail of the county by fine exceeding two hnn dred dollars, but all such offences shall be punished by indictment
 SEC 3. Be t furtder caacted, That when ever complaint or presentment shall be made to any justice of the peace, on the oath or affirmation of any person competent 10 testify against the accused that m as sault, assault and battery, al1ray, or other breach of the peace, has been or is about to be committed, the justice shall forthwith issue a warrant for the arrest of tho offender; which warrant shall be executed by the sheriff of the county, or constable of the township o. by some competent person specially deputed by the justice for that purpose.
 SEC. i Be | turtber enacteea, That if any justice of the peace shall have personal knowledge that any of the offences mention ed in the last section, are about to be com mitted, he shall issue his warrant, and pro- ceed as directed in that section; and If any such offence is committed, threatened, or attempted in his presence, he shall immedl- ately arrest the offender, or cause 1t to be done, and for this purpose no warrant or process shall be necessary, but the justice may summon to his assistance any sherlif, coronor or constable and all other persons then present, whose duty 1t shall then be to aid the justice in preserving the peace, and arresting and securing the offenders, and all such persons as obstruct or prevent, or attempt to obstruct the justice or any of his assistants in the performance of their duty.
 SEC. 5. Bc afmMer enacted, That where any person shall be brought before 8 jus tice of the peace, under the provisions of this act, it sh.ll be the duty of the justice to hear and determine, in a summary mode the complaint alleged against the defen- dant
 SEc 6. Be afu,tAer euocted, That, upon good cause shown, the justice may postpone the trial of the cause to q ,lay certain; Ill which case, he shall require the defendant to enter into recognizance; with sufficient security, conditioned that he will appear before the justice at the time anu place ap- pointed, then and there to answer the com plaiat alleged against him.
 SEc :. Be H tu1tter enocted, That if the defendant shall fail or refuse to enter into recognizance, the justice shall commit him to tie common ial of the county, there to remain until tho day fixed for the trial of the complaint alleged against him.
 SEC. 8. Be 4 tWnbcr enacted, That in case of the breach of any recognizance en- tered into as aforesaid, the same shall be certified and returned to the circuit court, to b. proceeded on according to law, as provided in cases of forfeited recognzances in the circuit court.
 Src. O. Be a fu,fher enacted, That if in the progress of any trial before justice of the paace, under the provisions ot thls act, it sh9ll appear that the accused ought to be put dn his trial for any offence, not cogni- zably before justice of the peace. the jus tice shall immediately stop all further pro- ceedings before him, and proceed as in othes criminal cases, exclusively cognxa- ble before the circuit court.
 SEc. 10. Be afurther enacted, That in all csses, arising under this act, it shall be duty of the justice of the peace acting in the case, to summon the enjoined party,