Weekly commercial herald. (Vicksburg, Miss.) 1884-18??, 1885-09-25

NV UHS space IN your val
liable columns or consign the same t,
waste basket:
An article, signed rs. W" appeared
IN the columns Of the Evening Post. 8
few evenings since, in which be, she
or 1t, was rather disposed to hurl {
few random shafts under the ribs Of
the Warren county magistrates
~. W." was right as far as he quoted
lection 2,230, Of the Code Of 1880
chapter I'll, and If he had added the
amendment Of the acts of 1884, page
III; the said section would read:
at shall be the duty Of every ils.
tice of the peacein the State, on the
hrst Monday of June and December 10
each year, to make a return to the
clerk OF the board Of supervisors of
his county of all fines and penalties,
etc, which he shall have assessed dur
ing twelve months preceding such re-
turn, giving the names of persons, the
cate, and amount from whom said
ines were received, and to pay so
much thereof as he shall have received
to the county treasurer, to be placed
to the credit of the common shoot
fund OF the State" etc.
You will note that this section re.
quires the justice to make a return
Tin other words a report to the clerk
of the board of supervisors-who is
chcncery clerk and auditor of his
county-of all fines and penalties,
which said justice shall have assessed,
ETC., and pay so much thereof as he
1.-THE j. P.) shall have received, to the
county treasurer. 1t is generally con-
coded ~ that magistrates have GER
tain, discretionary powers. Among
others is a power to remit fines, which,
though, is seldom if ever dor.e, until
the cost is paid, i. e., if the fine and
Imprisonment be RENTED, the Justice
has no remedy for his cost, ave by
civil execution; though some times in
default Of the payment Of the fine and
cost, prisoners are committed to Jail,
and after being there ten days (and let
under the contract law they make
affidavit before the clerk of the board
of supervisors or the president of such
board, that they (the prisoners) have
been there ten days, etc, as provided
by the acts Of 1880, and they
are discharged, and the Justice and
school both get left. Again, some few
Of the prisoners committed for fines
and cost pay the same to the sheriff or
who is authorized to receive it,
and in many instances they have to be
let to contractors, who, under the law,
are responsible for their fines, cost,
etc. See section 2170 Code 1880. The
return the magistrates, under section
223O, are required to make, is simply a
guide to the clerk, who is the county
auditor, and a check against the sheriff
and contractors, and not intended for
the magistrate to pay the fines they
have received to the clerk, as the
treasurer is the only n authorized
under said section to receive it.
Section 1875 of the Code of 1880
provides that the clerks Of the several
courts in this State shall Immediately,
after the adjournment of every term,
ssue executions, according to the
nature Of the case for all fines, penalties,
'orfeitures, and amercemehts assessed
~ said courts, or which shall have
sccrued to the State or to any county,
md remaining due and unpaid, and
hall within thirty days after such
adjournment transmit a list of said
executions to the. clerk Of the board of
supervisors OF the county; noting the
James Of the defendants and the
mounts, and the sheriff or other
'fIicer to whom the same were
delivered and shall at the same time
transmit to said clerk a statement of
he returns made by the sheriff or
'ther officer on executions for fines,
to-, returnable to the last term of
heir respective courts, and any
Jerk who shall fail to issue
UGH execution, or to transmit
he list thereof as herein required,
hall forfeit and pay the sum of 5000
or every such %otfense, etc. Section
1856, provides that, "If any sheriff or
ther officer shall return on any such
5rit Of execution, that he levied a fine,
etc, therein mentioned or any
art thereof, or that he has taken the
ody of the defendant, and shall have
uttered such defendant to escape or
any person be committed to the
of the sheriff or other officer
ntil the fine, penalty ETC., shall be
aid, and such sheriff or other officer
lall permit such defendant to escape;
r if such sheriff or officer shall receive :
lch fine, penalty etc, or part thereof )
nd shall not Immediately account to ;
le clerk of the board Of supervisors .
I'D pay the same into the treasury Of .
le county, therein either of the cases ,
,ecifed, it shall be the duty of the !
ERIK to notify the district attorney of :
le district, Of such defaulting sheriff :
other officer, who shall %thereupon, on y
otion at the next term of the circuit '
,urt of the proper county demand =
.dgment against such sheriff Or other 4
licer, ETC., etc.
Section 1889, requires the district at
rney, at every term of the circuit S
,urt, to carefully examine the minutes 81
the proceeding term and the execu- n