Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-03-13

levied, under the provisions of the code
relating to "small ofienses."
T Sec 35. That there shall be appointed
by the governor judge Of the municipal
} court, who shall hold his Office till the
regular election in 1870 for the election
/ of Judges and other officers as provided
J by law, and who shall receive a salary ol
Z two thousand five hundred dollars per
Rnnum,
Sec. SO. That there shall be appointed
by the governor for the districts afore-
|. said as provided for in section five Of this
|. act, for the appointment and election OF
|. the Judge of said court, a prosecuting
attorney, who shall attend the terms OF
!. the municipal court, and perform similar
duties to those required by law Of the
attorney general in relation to the bust
ness of the criminal courts Of Memphis,
and shall receive the same compensation
therefor, and who shall hold bis office
until his successor shall be elected and
qualified.
Sec. 81. That there shall be appointed
by the governor clerk of the municipal
court Of Memphis, whose duties shall be
the same as the clerks of the law and
criminal courts OF Memphis, and who
shall receive the same compensation
therefor, and who may have one deputy.
he shall give bond and qualify as re-
quired by law of the clerk of the law
court of Memphis. He shall hold his
Office by appointment till the regular
election as aforesaid, and until his sue
cessor shall be elected and qualified.
Sec. IS. That there shall be appointed
by the governor marshal for said court,
to hold his office until his successor shall
be elected and qualified as provided by
law for the election Of county sheriffs in
this state, and that be shall receive the
same compensation, and give bond il
the same amount, and perform the same
duties, and have the same powers in said
municipal court as provided by law for
sheriffs. Said marshal shall have
the power and authority, by and
with the consent OF the judge
Of said municipal court, TO appoint one
or more deputies for said court, as may
be necessary. The duties and power of
said marshal shall be strictly confined to
the jurisdiction OF said court.
Sec. 80. That the municipal court shall
I hold term for each month in the year,
/ commencing on the first Tuesday in each
month. All process shall be tested as
| heretofore prescribed by law for other
courts. Original process on the law
side Of the court shall be returnable five
/ days before the Grst day of the term to
which it is issued. The terms of said
I court for the months of February, June
/ and October, Of each year, shall be for
/ the transaction OF business upon the
/ criminal side of the court exclusively,
| and the remaining terms in each year
shall be devoted to the business Of the
/ law side of the court exclusively.
Sec. 40. That all causes on the law
side of said court shall be tried
. I'll,
party to the suit shall insist upon jury
trial, in which case the trial shall be by
jury as in the law court of Memphis
Provided, That all appeals from the re-
cOrder's or police commissioners court
of Memphis shall be tried by the judge
Of the court, as elsewhere provided in
this act.
Sec. Il. That the judge Of the munich
pal court shall issue venire for twenty
Ave jurors to attend each term of the
law side of said court, and shall appoint
grand jury and two petit juries to at
tend each term upon the criminal side
thereof; be shall have power to enforce
the attendance Of jurors and witnesses
by fine and otherwise, as in the circuit
courts; and shall have all the powers
granted to judges Of other courts neces-
sary to a prompt transaction Of the busi-
ness of the court, to compel obedience to
its orders and DEGREES, preserve order
and punish contempt.
Sec. A. That the judge OF said court
may adopt rules of practice for both the
law and criminal sides thereof, in
like manner as other judges have
power to do in similar cases, and may
enforce the attendance of the officers of
the court, as in other courts.
Sec. 43. That the judge of said court
shall have power to issue writs of habeas
corpus, and hear and determine the same,
and exercise all the powers of a Judge at
chambers, in all matters within the
jurisdiction of said court but shall not
issue extraordinary process to other
courts, nor exercise the interchangeable
powers now conferred on chaneelloTs and
circuit judges.
Sec. A. That any person taking an
appeal from the judgment of any justice
of the peace within the districts RfOre-
said, may elect to take such appeal eth
ct to the law court as heretofore, or to
the municipal court as the appellant
shall see fit. In case said appeal is taken
to the municipal court, it shall be the
duty Of the magistrate before whom the
case was tried, to forward the papers
therein to the clerk OF the municipal
court of Memphis, without delay and
he shall require an appeal bond, as now
required in appeals, to the law courts of
Memphis.
See, 45. That all appeals from the re-
cOTder's OF. .sOlice commissioner court of |
MemphjS Shall be taken to the munich
pal COW Of Memphis, and the officer
holding said recorders, or police COM
missiOner's court, shall forward the pa
pers therein without delay to the clerk
of the municipal court. Such appealed
cases shall be heard and determined bv
the judge O. the municipal court in ac-
cOrdance with the provisions of so much |
of chapter two, title nine, part three, Of !
the code Of Tennessee, as pertainsd to
cases appealed from the recorders court
Of Memphis 10 the law side of the COM
mon law and chaneery court of Men,
phisi and no appeal shall be taken from
the police or recorders court, except in
the manner prescribed in that chapter |
All judgments of the police court reaf- !
firned IN the municipal court shall be |
collected for the use of the financial |
commissioner of the metropolitan Do
lice, and shall be paid over to that officer !
by the clerk Of the municipal court and |
in all cases where execution issued upon |
any such Judgment ana is unsatisfiad in |
whole or in part, mittimus shall issue |
TOH the muutctDal court, committing /
the original party defendant to the city |
wOrkhOuse in like manner as the same |
might issue in the first instance from the |
recorders or police commissioners court. |
Sec. AS. That appeals and writs of error |
will lie in all eases from the municipal |
court direct to the supreme court, as from |
the law and criminal courts of Memphis. |
Sec. AZ. That the county Of Shelby |
shall furnish suitable rooms, with neces-
sary cOnyenienoes and appurtenances. |
for holding the terms Of the municipal /
court, aud for the use Of its officers.
Sec. As. That all acts and parts of acts |
conflicting with the provisions of this |
act, be and the same are hereby repealed. !
Provided, that the salary Of the Judge |
provided for by this act shall be paid by |
the county of Shelby.
Sec. 49. AI1d be il fttrtkcr enacted, |
That this act shall take effect from and /
after its passage.
Passed March Q, 1867.
Speaker pro. TEN. Of the House OF Represent
aives.
JOsHCA B. FRIERsON,
Speaker OF the Senate.
NORTHERN LOVE FOR TRE NEGRO.
The Chicago Times, noticing an inde-
cent libel on the people of the South,