Whig and tribune. [volume] (Jackson, Tenn.) 1870-1877, 1874-01-24
THE JUDGES CONVENTION.

From the Ma lille Banner of the
18th we obtain Q following relative
to the secoD days session of the
Judges and nrneY-Generals' Con-
vention, whi~sc Nashville on
the 18th.
The Judges Convention met ut 2:30
pm. yesterday, the Hon. 10. C. Guild
presiding.
The committee appointed to sug-
gest some method of securing a more
execution of the criminal laws
of the State, and the securing of ex-
penses to the taxpayers, reported as
follows:
Your committee have, in the limited
time allowed them, carefully consd-
cred the questions embodied in these
resolutions.
l. Your committee are of opinion
that the number of peremptory chal-
lenges allowed defendants in capital
cases ought to be reduced to 24, and
in all other felonies to 10. That the
State shall have 10 challenges in capt.
tai cases and IN all other felonies 5.
?. That a household or freehold
qualification shall not be necessary for
either a grand or petit jury if other
wise competent.
3. That it shall not, in any erimi-
nal case, be a cause of challenge that
the Juror has served as such within
one year before his presentation, nor
such person be excused upon his own
application for that reason. nor shall
it be considered a cause of challenge
haf oil Il IN ne
docket for trial.
4. That ON the trial of all felonies,
not declared capital by law, if the At
torney General and defendant by writ
ten request, signed by the Attorney
General and by defendant in person,
or by Attorney General and the attor
ney of defendant in the presence of
defendant, request the court to per-
NIT the jury to dfsperse, then the
court may, in Its discretion, permit
the jury to disperse.
). That when a bond or recOgni-
zance shall be taken by court, Sher-
iff, Deputy Sheriff, or other officer au-
thorized by law to take such bond or
recognizance for the appearance of any
party charged with n crime or misde-
meanor, such bond or recogniZance
shall bind the defendant and sureties
for the appearance of the party from
time to time until the case is finally
disposed of in the court before which
such party is required to appear by
such bond or recOgnizance, unless
such surety surrender his principal as
now required by law, or he is other
wise discharged by order of the court.
6. That in all cases where afOrfeit-
ure taken upon bond or recognizance,
or submitted in favor of the State
according to law, the judgment shall
be final. The issuance of n sci IA is
with, but the defendant or
defendants in such judgment may sus-
pend the execution issued upon such
Judgment, if he has any ground, legal
or equitable relief, to such judgment.
7. That in all cases upon cOnvic-
ton of a defendant or defendants,
where the State may have the costs TO
pay, that court shall render a iudg-
ment against the State for its costs in
the first instance, without return of
nulla bona, and at the same time rem
der a'judgment for all cases against
the defendants, except upon the spe-
cial order of the court, and if any
portion or all of said costs shall be at
any time realized upon such execu-
tion from the defendants, the State
shall be reimbursed her costs thereon
expended.
8. That in all criminal cases the
fees of SherifIs for the execution of a
capias or subpenain favor of the State
shall be doubled what is now allowed
by law, when the process is executed,
and no fees when he fails to execute
such process.
9. That in all cases where a party
may be tried before Justice of the
Peace, charged with felony, and the
Justice shall acquit the party and adj
Judge the costs against the State, then
the Justice shall make ont and certi-
fy the State costs directly to the Con-
troller for payment. The Controller
will pay the same upon the certificate
of the Judge and Attorney General OF
the districts as to its correctness.
10. That in all cases, where fines,
forfeitures or costs shall be adjudged
against debt in favor of the State OF
any county, there shall be no proper
ty exempt from execution, in the
hahds of any such defendant or his
sureties Except the homestead and
as to other property the same shall bC
liable therefor, as for State and cOun.
! ty taxes.
Upon the conviction of any defend
ant for felony, not capital, defeadan
so convicted ought to work out Ga
such pay per day as the Legislature
may specify,) the costs OccasiOned by
| the prosecution.
One of the chief items of eXpensu
necessarily incurred in criminal pros
ecutiOns is the cost of boarding pris
oners in the county iails, confined 70
safe keeping for felonies or undc
sentence of imprisonment for small
offenses.
We beg leave to call attention t
the fact that the laws now in fore
\ upon the subject of work-hOuses af
ford a means which, if acted upon b,
the County Courts and Judges O
Circuit and Criminal Courts, vii
effectually remedy this evil and ex
tinguish this onerOus charge upon tn
taxpayers of the State. Under sec
tions of the Code, We recommend tina
the County Courts throughout tn
State declare the iails wOrk-hOuses
and the Jailers ex-Otficio keepers o
/. the work-houses.
Judges of courts of criminal juris
diction can, under section - OF tn
same article of the Code, put ever
inmate of the jails to work, by which
under reasonable rates of cOmpensa
, tion, the law-breakers will thus b
self-sustaining, and the law abider
, be relieved of at least $50, 900 per an
mum of taxation.
This recommendation, altogethe
with the enactments hereinbefore s.
| forth, particularly those as to maxim.
the property of law-breakers respon
sible under execution without an,
exemptions except as to homesteads
and the allowing iuries to separat
: under the discretion Of the courts
thus avoiding the immense hotel bills
will relieve the tax burthens nov
pressing upon the citizens Of th
, State, TO the extent OF thousands o
, dollars.
. These recommendations are re
spectfully submitted in no spirit o
, dictation TO the law making powers o
! the State, but under the sense OF ou
E obligation, as officers specially charg
/ ed with the duty Of protecting tn
! States interest, and OF citizens cher
iShing the warmest affection for, AM
= interest IL the welfare of the Com
monwealth.
] There are other changes which ma,