The Chickasaw messenger. (Okolona, Miss.) 1880-1900, 1888-04-12

STATE or MISSISSIPPI

SrorroN ]. Be it enacted by the
Legislature ofthe State Of Missis-
sippi, Tbatin cases Of petit lar
oeny, assault, assault and battery,
ARRAY, riot, unlawful assembly,
drunkenness, vagrancy, and other
misdemeanors Of like character,
il shall be within the discretion Of
the grand jury as to whether it
will proceed against the accused
party by finding true bill, or
give information to the justices Of
the peace of the county, as herein
after provided.
SIC. ?. Be it further enacted, If
the grand jury shall believe from
the testimony of witnesses exam
ined before it, that any person is
guilty of a misdemeanor Of a char
acter as specified in the first sec
ton Of this act, then it shall be
lawful for the grand jury to give
information to the justices Of the
peace of the county as follows:
The foreman of the grand jury
shall take down in writing, or
cause the same to be done, brief
statement of the facts of one or
more Of the witnesses in behalf of
the State, which testimony, when
written shall be carefully read to
the witness, and when approved
by him shall be signed by the wit
ness and sworn to }; correct note
shall also be kept so as to identify
the person accused, and shall also
state in which Justices district the
offense was committed, and the
names of such other witnesses for
the State as have come to the knowl-
edge of the grand jury.
SEC. 8. Be it further enacted,
The following shall be the form OF
'information" given to justices OF
the peace, which form is only d.
Tectory, to-wit:
The State Of Mississippi, J Informa-
AS x'f '''"'
Witness for the State, John
Smith, Jim Jones, Allen Weeks.
Residence of accused, supervis-
or's district No. 3.
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, Il
shall be the duty Of every justice
of the peace of the county, within
ten days after the adjournment o.
each circuit court TO demand Of tn,
circuit clerk such information al
shall have been filed With him ant
referred to such justice of the pOac,
for investigation, whereupon tn,
clerk shall deliver to such iustic,
of the peace the same, and sale
justice shall receipt the clerk fol
the same, underneath his name il
the book of record.
SIC. 5. Be it further enacted
The justice of the peace shall, up
on receipt OF such information, a
early as practicable issue his war
rant for the arrest of the accused
in the same manner as if the AFT
davit had been fled before him
and he shall summon the witnesse
for the State and proceed to tr1
the case in all respects in the sam
manner as if the case had original
ly commenced in the court.
SIC. 6. Be it further enacted
The justice OF the peace shall b
allowed the same fees, and witnes,
es shall be allowed the same pc
diem as in other cases before jus
tees Of the peace; and in case Q
conviction the justice ofthe peac
shall include in the bill of cost
fifty cents to be paid to the clerl
Of the circuit court for his work i
recording, as provided in the thir
and eighth sections Of this act
each justice Of the peace Of th
county shall report to the eircui
clerk, at least FIVE days prior to tn
commencement Of each session G