, 1877-02-11

) Of course. The man ought to be- cbar'3s IbusIut !
: tried Tor the ofense. He need not nersss,s
be arrested, but q complaint ought tn h. ~.
out against. him, and, when 50 charerd +. !.
Court could find him guilty on bis an :.
dencc. But without the Complaint pe;nr ~.
nc n2s no such right to fine the man, 5ut
the Justice has Jurisdiction of the na,.oa 1a''
having him before him, and Of the snhfsr+
ter, the irregularity has no other eHeet th.a
be erroneous. 1t can be remedied on ~ n :.
! But whether irregular Or not it xil1 i,.s;
occur to the average reader that the =.
BENEFICIAL RESULT OF THIS PRACTICE
Is to get from. the complaining witness, turn.
Defendant IN this case, an amount Of mon.T M
tclent to cover the expense OF trying thoss ~
generally have no money at all. Some peoal
the same idea may hare entered the nina. =
the Justices who follow this practice: IL
weight OF authority seems to be that this md
OF proceeding is, to say the least, frreeular .sl
that, IN all such cases, the prosecuting Kftnsss
or any other witness, who IN the course t,f tr,l
admits that he has done something in YioIatn,
OF the laws and ordinances, should be seryti !,
process Of law. =: ~s'
| AFFBALs FROM Jus11cEs. ;..-:r.
| At the last meeting Of the Bar Assoeaun
two proposed drafts OF bills for anepdn,at II
the Justices act, in reference to appeal., M
considered aud discussed. TheY Eer MI
stantially similar, and the Association df,e4d
John Lyle King and ". ?. Black to 1cYiss ri
consolidate the two, rs approved by tht L.
soclation. Those gentlemen have acted undsr
the resolution, and the following Is thtd1kd
bill to be recommended to the Legislature:
The first section Is substantially unchanged:
SEC. :. That Secs. 81 and Is Of said aet te ca.
md qr1ar HtaH fx~~ Il sim
tvs bond above provided for may be fled be!un
and be approved By the Justice entering the feA
ment orlnay he filed IN the Clerks Office Of thtapo4
late court, when the Clerk shall approve the ba!;
and If the bond be dled In the Clerks onlee II
costs advanced as hereinafter provided, theCka
Shall at once Issue, and deliver to the Shertf h
served q suPerscdeas, eujoining the Justice n!
Constable from further proceeding IN the suit nj
shall issue summons to appellee for his appeaaaa
at next term Of court, which summons shiI b
served and returned as in other cases. Wnea Ia
bond ia filed before the Justice and costs la.1od
by the party praying such appeal, ~ hesrIastss
provided, or supersedeas IL served on the Jc.tes
and Constable: they shall suspend ali furthe, ps-
ceedings; and VIXEN such bond Ii filed viii ta
Justice, and such costa advanced, or on sertax d
the superse 1eas on him, the Justice ehall ii Ii
own motion, Immediately return to the ckf d
tne Court al the papers and transcript of taszs'
ceedlngs and Judgment, certified as full md Pc.
feet statement OF all the proceedings In the caH
Sec :. The party taking such appeal and -
condition Of SUCH appeal, shall, At ahme tassf~
peal bond is fled. advance all required Mea
such case. .-~
SEC: i. Justices or the Clerk before vhaa u
appeal ls taken may require sureties to 1asslIa
writing and verify. on oath Or affirmation f1e.
securty, and The % sppeaiee Reeets eeust at .bs =
time, on notice and Tor good cause shown, leqEn
zureties in appeal bonds to Justify as aioltssaT
otherwise, Or may require new, or other, q !se'
t1onal sureties to be gwen The oath Of such TT +
y, when reduced to writing, shall b Gsned y =
him. And any surety vino shall wiitul1J mar si
[alse statement as to his or her property, or t2*
:lency Us surety, shall be held guilty Of pe4a1,
Ind. On conviction thereof, shall be punished r.
;ordlngly. r. -.
sec. ). The party appealing. as Tie stne at ftn
he surety's bond above. provided for, shy ~
With the Justice or the L1erk, with such hora
tfidav1t setting forth his CAUSE Of actlon OF q
ense, or answer a. the case may be- Keea ,se, ~.
nidas fled with the Justice, 1t shall Be fetua
d by the Justice with the Transcript OF the spsa,
ete court. and il the party taking such sple
1all neglect or refuse to file, such atdanh ~
ppcal shall, on motion tunless for cause sDos4
avit is lied within such time SO givea|, sa: sasa
1ch appeal or affirm the judgment Of The !a14@@
may be desired. AND If the appellant soaaI ~ ~
nch affidavit as above required, the appellee an.
'ithln ten days from the docketiny Of the e.
le appellate court ilc IN affidavit setting ap -
luse Of action Or the particulars Of his delsaTI
) the case may be. And On default OF the appa%
e to file such affidavit when required IS afoeaa
Ee court may (nnless for cause shown 9ms
ven for ding sucn atlidavit, and such at1dsHs
ed within such time so givenl. on motion r.
fss The suit or give Judgment against fns sYs. sYs
c as may seem In accordance with the rteasa y.
use. And when sach afidavits shall he aEa .s9
! urt r may At my time, on notion. eita@ iats{nss
gal cause Of action or defense. rs the easo ~
, either dismiss the appeal OK the suit. Of
nsc down for speedy tsial, or can:e the aer. saIe
placed upon the appeal calendar hefeina.T1s 1lt
SEC. g. When the party appealing shal oess 80
BILE for any amount of debt, damages. an1e
q Judgment rendered against him, after u1a, u1ue,ss
dismissal Of the appeal and a:IFauaneo va, "
all have been returned unsatisfed, In "noe;@
ct, the pIaintff In such judgment MAJ, 1* 1In sr
said appeal bond. have judgment entereo
surety in the appeal bond without notice .nsss
the said appealed Judgment, interest: ana eoIs =
also for the costs Of entering unit enfote1ns s,ats
d. Judgment against the surety; anu tens
.2ment against sald surety shall have LIZ 'sss
It OF attorney to confess Judgment, snd opsaas
adgment By confession, and execution t%sfrst
= issue Us in other cases. The judgment aes.Aft #
surety may be entered In the appellate sos II
ucipal In said hond, or In the Justices toa!'
appeal shall hare been dismissed. !, i,,4t.
&c. Z. Courts to which appeals from the (a
Its Of Justices are or may be taken, By orae. {
court prior to the first day OF each si.o. !stsr
ae to be made up for trial at such t5sm, AeAI
Of appeal cases, or cases brought or ceitosaes ~
heir due order, aud time may be % TX
II designated for the call Of such appeal "a
u the same, II proper appearances has 5eea
be called for trial, or other disposal ihesesS
usively Of other cases, as tar as may DC ~.
IDLY practicable and consistent with the e0N
ent discharge of the duties OF said couft: c.,t
C. 8. The Circuit and Superior Courts q ~
courts, respectively. 10 preside at such tsta3
le court, to try and dispose Of such apP~
5, &c as above set on said calendar. -: