The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1872-05-10

On poge 81 we are told that the
icrm for Eeniri "being statutory
must be st, ictly beloved )" and yet
he die which IS given in the stat
ute is omitted fIom the ioilM
On page 1G7 il is sid 8 justice
court Is q ,-oe.it Of IccoItl and that
sit in the, etore only speak by It's
re, Orls." II this be so, we would
Suggest that on page 1G9 thele be
furnished something like y lind
iHg" in G::vor OF the pl~intiff before
judi: be rende' ed.
On +; sc 27S we find this remark
able statement: ".Jnztiecs OF. the
PcGce have jurisdiction for the re-
coyc,y of specific personal proper
Is not exceeding three hundred dol
lars" aud reference is mode to laws
1870, pages 1874. This ia pi-obsbIy
only . clerical 81 rOI, ss it. reads in
in the reference given ''oue hun.
dred )" but as We have said, parties
take this book on trast and may be
terribly mislcd by 1t. The form for
AFFIDAVIT given on page 279 may be
held sufficient; but it is nothing
like as accurate as they are every
day drawn before justices berea.
bouts.
We submit that the frat form for
undertaking in repleviu, given on
page s80, il not . compliance with
the very statute cited by the author
anI- wopiG not give the justice ju-
risdictiOn ; and also that The author
has wholly misconeeived the mean.
lug Of the statute in supposiDg thai
that there is more than one kind Of
undertaking to be gwen, by the
nlain':E.
The chapter on s:rays SCENE 10 b
fIll and accurate. except IS 10 lax
Ing up huh or boar under sectiea
Sc, general statutes 10G3 which is re
peeled: and for the owner Of such
animal 10 permit it to run E,
4 - AOW .
We Notice what we regard at leas
ah in"9cu'acy. in following the lai'
| gUaSe of the general statutes auC
speaking of an incorporated town
a. We cannot conceive OF such
ihiug in Kansas. Tue Legislature Q
1871 (chapter OO) made all iacorpor
ated towns Of less than 2yCco iahab
ii?nts cities Of the Sd lass, snd re
pea'ed chap:c.' HOS general statutes
!. which was all the authority for in
cooperating . town. And we woul,
mention the f1rther inaecuraey o
"police magistrate" when we new
had any such officer. Il is true tli
word is found In the statute bu
authors should not follow legisla
i've bluuders.
The author cites chapter 81, Gee
ton 81, general statutes as authorit
for his position that mayors an
police judges havejurisdicIion to ap
prehend AL persons charged With Vi
lataDg any OF the laws Of the Stat
! within their respective cities. We re
gard that section 80 thoroughly re
: pealed by necessary implication b.
all the recent legislation in relation t
citiesofthe second class that it is IN
necessary to give the various cots
We do net believe that IA intelli
gent police judge in this Stat
NO uld think Of issuing q Warran
to arrest q man for burglary an,
bind him over to answer to iadict
ment or information in the pistl IC
Court. And indeed the of1cer VIII
should attempt to serve the warEan
would not be protected Hereunder
1 The form given on page geo
intended to be followed wOuIl
doubtless get the officer into . fl
as the officer Who had the walIan
could not show on its face that b
had any right to serve it, Is It is di
rected to sheriff of citker Of tw
counties by the form given. =