Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-11-19

any one of the counties may be included,
ssto attend the sittings of sid Crimina
Court, and to prosecute the pleas of the
| State and to represent her interests" the
pleas of the State like the pleas of the
crown, ordinarily referring to matters
! criminal 4 Black. Com. p. 2, m. Full
power is conferred upon the Criminal
Court by 5 8, f'to take any forfeiture
or any recognizance bond, SUBJ
poena, or any action, or any other pro-
ceeding of the Circuit Court which said
Circuit Court might have taken, had the
jurisdiction of such court remained in
said Circuit Court, " and this together with
the appointment of jurors in the next
section, would seem to indicate that the
| intention was to confer upon the Grim
inal Court, the same jurisdiction which
| was entertained by the Circuit Courts in
criminal causes, and nothing more. The
| Circuit Courts were not clothed, at the
date of said act nor are they now, with
| any jurisdiction over chsncery case like
this; and, as it is to be regretted that all
proceedings of an equitable nature are
not exclusively confined to the more ap-
propriste jurisdiction of that tribunal
whose peculiar province is to determine
equitable causes, we do not feel disposed,
by construction, to extend the jurisdic-
ton of any court of law to cases of pure
ly equitable cognizance. Such jurisdic-
ton when conferred must rest upon 8
clear expression of legislative will in ac-
cordance with the powers conferred by
the constitution.
The expression, ia the fifth section,
call cases to which the State is party"
means, in view of the subject matter of
the act, criminal causes; and the further
expression, (which by the laws now in
force require the services of the Attorney
General, refers to criminal prosecutions,
as we are not aware of any statute con-
ferring upon Attorneys General unlimited
power to commence suits generally in the
name of the State in the Chancery
Courts. No such power is conferred in
the Code. PIT. 3, Tit. 4, C. 8. PIP. I'll,
7l3, defining the duties of District At
torneys. They are there directed to prose-
cute in behalf of the State, in every case
in which the State is party or in any
wise interested; to move for judgments
against Sheriffs, Collectors, Clerks and
Justices in certain cases; to prosecute all
motions against Tax Collectors and to
prosecute any person violating the revenue
laws, and to perform the specified duties;
but the power to commence suits in Chan
Gerry, in the name of the State is not con-
ferred, and doubts may be well entertained
whether this discretionary power is even
conferred upon the Attorney General for
the State in S.. 1852, $500. The Legis-
lature has frequently instructed the Attor-
ney General to bring particular suits and
this power was exercised in the act of |
May "a, 1865, C. 9, p. 26, in directing
suit to be brought against certain parties !
and their securities; and without deter |
mining that the Attorney General for the |
State. or the District Attorney General, !
cannot bring suits, in the name of the |
State, except where they are expressly !
authorized by general statute or
specific instructions by the Legs
lature; We think the detini-
ton of jurisdiction in the said fifth Sec
ton is too general and uncertain in its
nature to confer chancery jurisdiction on
a Criminal Court. In DwarTis on Statutes,
7 Law Lib, 766 NJ, it is said that "where
a statute directs penalty 10 be recovered
by action, bill, plant or information, in
any court or record, the courts intended
by the statute, l1rOpter eUcelJentiaDl,
are the four courts of record at West
and it would seem to follow
that, in constructing the statute, the LIE
gilature, it's to be presumed, in the alb
sence of anything to the contrary, to in
lend that remedies shall be reSOrted to in
The appropriate tribunals which it has
created. See, also, Sedgwick on Stat. &
Con. Law, 60.
Affirm the decree. NELSON, Judge.
A true copy.
Test: J. F. DEADERICK, Clerk.