The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1888-04-21

Iuch license shall be contested by
counter petition or any citizen who
iigned such counter petition, or made
iuch written objection, may appeal
from the decision of such board Of sn-
DervisOrs or corporate authorities to |
he circuit court of the county, there to |
be tired denovo; provided such appeal
be demanded, and bond in the sum of
one hundred and fitty dollars coadi-
toned for the payment of the costs of
such appeal be given within five days |
from the rendition of such decision,
but such appeal shall not operate as a
supercedeas; provided, further, that in
cases of such appeals from decisions
granting licenses, the privilege tax
paid therefor shall be held by the
officer collecting the same to await
final decision of such appeal, and upon
the final determination Of such. the
court rendering the same, in case such
Judgment shall revoke the license
granted, shall ascertain the length of
time under which the applicant carried
ON business under such license and
shall order return to the applicant of
the privilege tax paid as shall be pro-
portionate to the unexpired term for
which such tax was paid. The judg-
ment of the circuit court upon such
appeals shall be final and no appeal
shall lie therefrom; that this act take
effect from its passage.
Approved, March Z, 1888.
AN ACT to compel justices of the peace
to enforce the criminal law, and
for other purposes.
Section |. Be ii enacted by the Leg
lature of the State of Mississippi,
That in cases of petit larceny, assault,
assault and battery, aflray, riot, un-
lawful assembly, drunkenness, vagran-
cy, and other misdemeanors of like
character, ii will be within the discre-
ton Of the grand jury as to whether it
will proceed against the accused party
by finding true bill, or give informa-
tion to the justices of the peace of the
county, as hereinafter provided.
Sec. 2. BE it further enacted, If the
grand jury shall believe from the tes-
timony of witnesses examined before
it, that any person is guilty of misdc-
meanor of character as specified in
the first section of this act, then IL shall
be lawful for the grand jury to give
information to the justices of the peace
of the county as follows: The fore
man of the grand jury shall take dowr
in writing, or cause the same to b,
done, brief statement of the facts o.
one or more of the witnesses in behall
of the State, which testimony, wher
written, shall be carefully read to the
witness, and when approved by him
shall be signed by the witness ant
sworn to; correct note shall also bt
kept SO as to identify the person
accused, and shall also state in which
Justices district the oflense was com
mitted, and the names of such Other
witnesses for the State as have CONT
to the knowledge of the grand jury.
Sec. 8. BE II further enacted, Tn,
following shall be the form Of "In
formation" given to the justices of the
peace, which form is only directory, to
wit:
The State Of Mississippi !
vs. lnfOrmatlO n
A. B.
Witness for the State, John Smith
Jim Jones, Allen Weeks.
Residence of accused, supervisors
district No. 8.
Referred to Andrew Sims, J. p, for
investigation.
The above formal information shall
be filed with the circuit clerk of the
county and by him recorded in book
kept for that purpose.
Sec. 4. Be it further enacted, 1t shall
be the duty of every justice of the
peace of the county, within ten days
after the adjournment of each circuit
court to demand of the circuit clerk
such information as shall have been
filed with him and referred to such
justice of The peace for investigation,
whereupon the clerk shall deliver to
such justice of the peace the same, and
said justice shall receipt the clerk fol
the same, underneath his name in the
book of record.
Sec. 5. Be it further enacted, The
justice of the peace shall, upon receipt
of such information, as early as practi
cable issue his warrant for the arrest
of the accused, in the same manner as
if the affidavit had been filed before
him, and he shall summon the wit
nesses for the State and proceed to try
the case in the same manner as If the
case had originally commenced in biz
court.
Sec 6. BE il further enacted. Tht
Justice of the peace shall be allowed
/ the same per diem as in other case