The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-03-11
sUPRR Me COURT DECISIONS
Z. c. BELL, EFT Al.

E. c. BELL, EFT AL.
Fl. d. MCKINNEY.
Appeal from the circuit court Of Lee county
james Fl. Barr for appellant-W. L.
Clayton and F. M. Goar for appellees.-
Opinion of the court by Arnold,J.
Appellants made affidavit against ap-
pellee for trespass alleged to have been COM
mitted In Pontoooc county. This affidavit
was made before one Wagner, the Mayor of
Chesterville, and ex-ofiicio justice of the
peace, before whom appellant was tried and
convicted, Chestersille is an incorporated
town, partly in Lee and partly in Pontotoc
county, but the offense was alleged to have
been committed outside the corporate
limits. Appellee then instituted suit
against appellants for false imprisonment,
and obtained judgment for fifty dollars.
Held. Under Art. 1, Sec. 81, and Art, g.,
Sec. "a Of the constitution, which provides
that the Legislature may establish, in adj
dition to the courts designated by the con-
stitution, other inferior courts, and In cases
of the misdemeanors therein enumerated,
may dispense with the inquest of a grand
jury, and authorize prosecutions before
justices Of the peace or such other inferior
courts a. may be 80 established, 1t is COM
petent for the Legislature to invest the
Mayor Of an Incorporated town with the
criminal jurisdiction Of justice Of the
peace, or to declare that the Mayor Of such
town shall be ex-officio justice Of the peace
the corporate limits Of the town in which
he was elected.
A Mayors court thus constituted, would
be an inferior court within the meaning Of
the constitutional provision. But neither
the charter Of Chesterviile nor the act of
1876 conferred upon the Mayor of that town
final criminal jurisdiction Of justice Of the
peace, except a. to offences committed with
In the corporate limits Of the town. 1t lie
true that the act Of 1876 was not repealed
by the code Of 1880, but that act did not
clothe the Mayor OF Chesterville with au-
thority to try and punish offenders as q
Justice Of the peace eo-extensive with the
limits of the two counties In which the
town was partly located. No such result
was contemplated by the Legislai ure. The
generality Of the language employed must
| be restrained BY construction so as to confne
| its operation within the constitutional pow.
or of the Legislature. The effect Of the act,
A far a the grant Of criminal jurisdiction
IN concerned was to confer upon the Mayors
Of incorporated towns the hnai criminal
jurisdiction Of justices Of the peace as to OF
fences committed In such towns, and to
render diem conservatory Of the peace Tor
the counties In which the respective towns
are situated. And the corporate limits Of
such towns were to be their districts and al
to the offences within the cognizsnce Of
justices ofthe peace, committed In such dis
tricts, they might try and punish offenders
when convicted, i'm the same manner that
iustices Of the peace In other districts might
do 10, but % 10 all other offences they would
only act a. conservators OF the peace I'm and
for the counties In which their respective
towns were located. The claim Of appelles
far damages ID based On the theory that tia
nsyor and sx-ofacio justice Of the peace hai
NO jurisdiction IN the premises. Anidavi
and warrrnt were duly made and issued fol
the arrest and imprisonment OF which up
pellee complains, but It does not appear ina
the offence charged was committed In tns
corporate limits Of Chesteryilie. 1t wa
error for the Mayor to have sentenced ap
pciles 20 pay . fine or be committed TO JAIL
I The sxtsnt Of bis ssthsrity was % hass u