The Brookhaven ledger. (Brookhaven, Miss.) 1875-1883, 1879-01-02
Witness and Jury Certificates,

Editor Brookharen Ledger
In answer to tie inquirer about II.
Hocus Ps. witness certificates will say if
tla term Supervisor as used in the State
Constitution has any Specification, it must
imply the right 10 overlook. There could
be no good sense in making it tho duty OF
tin. Board to overlook unless it had the
power to adjndicate and reverse.
The certificate issued by the Clerks OF
the Circuit Court are evidences of claims
against the county; so liz a prom'sory note
drawn by an individual. Yet THIS note
cannot compel a court to give Judgment
without inquiry, if there is any contest
If the Board was bound by the certificates
of the Gle rs, then there could re no use
of the Board the clerk of the Board OF
Sunsryisors night issue warrants on the
presentment of each, certiticats without
supervision. So a Justice Of the Peace
might isane an execution for the amount
speci6ed on the face of proHisory mole
without day in court; but instead oil 'hi"
sort of proceeding the law provides court
in hoth insances. The Board is a court
and certainly has the right, and II is It's
duty, to investigate and give judgment
upon every claim presented, and to
have due regard to the position OF guardian
Of the public funds and superv'se the do
,nps oil the Clerks of Circuit Courts, as well
rs any one else. There is no State exempting
them from general supervision; nor is the
citizen, who by his oath proves excessive
milage, or double days service at the same
time, exempt from its consideration and
rejection,
The Judgment should be like the iudg
ments OF other courts, in accordance With
the justice Of the case.
As to the question Of milage and ser
wees in liiferent cases at the same time,
these are matters that address themselves
to the sound discretion of the court, ard
action ia the premises il subject only TO
what is called judicial responsibility, like
a Justice Of the Peace who might give an
crraneous ind sn:ent Ina Legal point OF
view, the question depends upon What
witness is paid for. If the State proposes
to pay for tie, swearing, byretall, tEep the
witness ought to be paid every tune he
swear.: but if it i~'the trouble and expenses
of tie witness or lror that the State pro-
posess.to pay for, then REASONABLE, uajorm
commentator for time and trouble ought TO
he paid. The Legislature BY expressing so
clearly the uniform price Of d'H's work,
and giving no estimate on j,h work, makes
the inference clear that the pay goes by the
day, and but for one day, though the wit
Ness should be compelled to answer to a
dozen citations to appear on that same day,
all in different cises, because il is but one
da,'. work, though, like sIothful servant,
he were commanded Il dozen times to do |
it. Ii is certain that no Ciai II, however
certified, can ever reach the treasury until
It i. passed upon by the Supervisors court,
signed by the cleik, and the president
This fact shows that the court sits in judg-
ment upon everything.
As TO the parry paying The cost as IL &C
eleus; where this is done the party paying
the same must file the receipt or certificate
with the Cle.k and have the amount taxed
in the cost hill and these certificates found
paid in the varioGs cost bills Of term OF
court would certainly afford some evidence
as 10 the validity Of other cIlims put in
against the cor";y for services rendered
the sme day Of the same term OF tn"
court. The transfers mentioned must be
treated like notes on other claims that 81
into the hands of third parties, subject 20
a want Of consideration set off,, etc. Sec
Sections I'll, 772, 773 Of the code; also aets
'S775, page 10, l.N. L. Coz ET.