The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-06-19

stopped further proceedings in the case.
The injunction was dissolved and on Feb.
10, 1880, the Justice re-asscmbled
the Jury to try the case which resulted
in verdict and judgment for Wilson Feb.
%. 1880. Said judgment being certified to
the Governor, he issued commission to
Wilson as Sheriff. Within five days there
after, Pearson filed an affidavit for appeal
To the Circuit Court and executed super
sedeas bond in the sum of five hundred
dollars approved by Chancellor Fly, but
did dot execute the three hundred dollar
bond for costs. In the Circuit Court Pear
son asked leave to file the latter bond, but
il was denied, and the appeal was dis
missed.
Wilson did not present his official bona
for approval till Feb 10, and May IL, 1851
The term of office the Justice OF the
Peace ended on the first Monday IN
January, 1880. He was reelected to the
same office for the next term to begin on
the same day, but did not give his omclal
bond within the time required by law; he
continued to hold the office, however, ana
perform the duties thereof, and tried TINS
case as above stated.
From the Judgment dismissing the APP
peal, Pearson prosecuted writ OF error
W.P. a. j. b. Harris, Fitzgerald " Whlt-
field for plaintiff in error.
FAINT & FAINT, w. $. Chapman, and IL. NJ
Sullivan, for defendant in error.
CAMPBELL, j.,
Held
l. The appeal by Pearson from the find
ing of the jury before the Justlce OF tne
Peace, was void, because he gave no appear
bond. which was a condition precedent
TO an appeal. The bond prescribed by
Chancellor Fly, and approved by nm 10
onerate as q supersedeas, is not an appear
bond or substitute for it.
9. The Circuit Court very properly re,
fused the application for leave to amend
the appeal, BY giving proper appear po 1Ta
requires, as n condition of the right OF APP
neal, the giving of a bond, within hve
DAYS. sin the sum of three hundred dollars,
to be approved by the Justice, payable 10
the opposite party, conditioned for the
PAYMENT of all costs" This requirement
is unatfectedtby the Act of 1850, whlch
provides for the appeal to separate as
supersedeas upon terms therein pre-
scribed. No appeal bond having been
given or attempted to be given, there was
nothing to amend.
3. The Justice of the Peace before Whom
the proceeding to contest the elestlon was
instituted, by virtue of his election to the
office ut the general election in NoVem,
Der. 1879, and his attempt to qualify, ana
his continuance in possession Of the once,
and exercising its functions, is to be con-
sidered as capable of the performance OF
valid official acts binding as such ON all
persons interested therein.
4. The Justice of the Peace, and all con-
cerned, did right to obey the injunction.
Although it was afterward held to be void,
and that it might have been safely dlsre,
garded, those who respected command
of the State, made with show of authorl-
ty, are not to be punished for taking the
safe course of obedience to its process.
5. The interruption of the proceedings
and suspension Of the functions of the
tribunal engaged in the process of organi-
cation for the trial of the contest,
by the service of the injunction, ald
not destroy or eXtinguisl it. The e1ect
was as if a night or non-juridlcal day
had interviewed,
6. The official bonds presented by Wilson
for approval, on the 10Th February and
18th NAV, were in time. The election being
contested, the requirement to qualify With
in prescribed time did not apply until the
termination of the contest.
Judgment affirmed.