The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1870-07-20


6llb0 0blI IIIIItlIIH. N.
''srAehs ~ TILE rkhs't-iskaH ~
M
\ FROM 'p' ''"'e's" S'ana'fa'l
For thc benefit Of thc Esquifarehy and
me'nbcrs qf the bar, ~ we'll az the public,
We publish fho following rceont decision d
| Tic supreme ferg
St4te
y ii d.xs.. ..ii Y )pinion.
Jerry
! lsz<E t1]retel 70 the CON
xlet1
oF 1Sc85 69' coafcrrins
szsxi11 Motion over certain petty ~
fe''Q 1iecs u the Peace, II .uncon.
VII
I'a'tise sliiilot have Juris-
diction - this ease. hccausc the offence i
not alleged to baSe been committed IN his
township:
!. The constitution, Art. ~, section 33,
lproyidcs The several Justices Of the
Peace shall have exclusive original juris-
diction under such regulations as the Gen
cral Assembly shall provide --"of all
criminal matters arising within their conn
tics, where tho punishment cun'sot exceed
. hne Of fifty dollars, Or Imprisonment for
one month.
Tho Act Of lsC6'-9.ch. %, sub. chap
ter 4, gives to Justices Of the Peace pow
certain petty offences. and among them
assaults and assaults and batteries where
| no deadly weapon was used. and no scri-
ous damage was done. and where the nun.
ishment imposed by law does not exceed
/ fifty dollars finc. or one months imprison-
men..'
Section C;t7 imposes some limitation an
the jurisdiction. which n i mot ncccss,rv
here. more than 10 refer ta Prior n tho
passasc of dis act every assault Was nun.
ishabIe ~ iine and i,nprisonmcut 4. M
discretion of the court ana therefor, mimi
be pun;shcd boyopJ tho jurisdiction II :
Justiec Andit i ARMED that this act
,locs rot exnrcsslv limit sbe nnn;sh,cnt n
any defined cluss az oETencc. Int docs q Il
AZ ali only hv ;mrl;e,t;cu and tbe,.eoro
not snlEcicutiy II NAV he that i wouIa
have been 4 more methsdical arranscment
for the legislature taI = .,le6ncd ccr,ain
crimes IN ono ssa,u1 - 10 that sub
| icct. aud 4 bav, ~ lhe pup;xb.
,ncnt If those 3 xvah .lrliai.
Ineafi5F> >sd = :. - u
devoted 70 D. bal courts,
and their jnrisl cnactci mat
Justicics of the q have luri-,iie-
tiop Of the crimcs = tnt Nhen Y,
the intention j. clcaTNL072 cannot iali
Of effect. merely because perhaps, so'llc =
it, provisions might be pnt 70 2 more aP-
propriatc place. We think the lnten''en
sufficiently appears trum the statute W
question. Sections 4. 6 and : separate
with sufficient clcamcS certain naSani''
from tic general class, and gse % . yy-
ticc jurisdiction over these. ihe ac.Hn'," Y,
have gone on and said expressly. that ~ y
punishment of thcre ssail not exnee,''
&c, but taking the language o. 'nc au \
couucction with the Constitnt'o, :. seem
70 rs that plain and necessary inpi'e''''0'
limits the punishmcnt ~ rlcariy anu cl
pre~ly as words could. y must DC no'cu
that the act IN question. although in =,
sonsc il isa penal law. = de,llng W.
penalties, yet. as 4 insi'sa'cs thsm I"
e MT penal law u The ssnss o. requiring
: bo tridtly constructed. ".
Wllat the evil was waiea vas sousna
be rcmcslicd by the ac'' = PLAIN. ~
the times aud attcuilon o. the COURTS 2. !. 7
G cord were unduly Offences. Wa eginlial,
long before tlis abolitiono .. slavery wlou
or not there wasany actual Increase Of su'
: offences after that advent; .hcrc was 60
I tainly vast Increase Of thom cognik.ab
: By tho courts previously, the great mao,
Z ty of such offences when committed
Il slaves. were tried in thc domcstl: ios''n
i Afterwards all those werc poured INTO '
.z...x. .x.I f..souf.sa1 fhnfF time and nffc