The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1889-08-06

Corpus.
RANEY, G.. j.:
/. The term MAYORS Court" as used in the
eleventh section OF the fifth article of the cons''-
tuition in defining the appellate jurisdiction OF
the Circuit Courts, is generic and lncluoeS any
court organized under legislation pursuant 10 me
thirytourh section Of the same article, which
section authorizes the Legislature to estaolsh
in incorporated towns and cities courts for tne
punishment of offences against munlcpal oru'-
nances. 1t is not essential that the court should
De presided over bv mayor.
2. The Circuit Courts have no power to Try
case de moro, or as if it had never been ,rieo
before. on an appeal from "mayors court
g. The second section OF the tenth article OF
the charter act of the city of Jacksonville Chap
ter 3775) gives express power to It's munlc'pai
court to commit any person convicted before IT,
if he does not forthwith pay the fine and costs
adudged against him.
sonv!lle allowing an appeal from its municipal
court, and providing that the appellant shall be
released upon entering into bond conditioned
"to appear before the court to which the cause
is appealed, and to abide by and perform the
Judgment thereof" was intended to suspend the
execution Of the judgment OF the municipal
court pending the appeal, but does not take
away the power Of that court to enforce is judg-
ment by re-arrest and commitment after an
affirmance OF the judgment. The power OF
commitment gwen to the court ls, after an atf1r-
nance of the judgment on an appeal the same
as il an appeal had not been taken
5. a judgment rendered by the Circuit Court
on an appeal from the municipal court OF Jack
SOnville, and having formal rectas and adludg-
ing that the judgment and sentence OF the latter
court q is affirmed and that appellant pay the
costs of the appeal, stating the amount, is
proper judgment Of affirmance on an appeal
under the above provisions of the charter act as
20 appeals
6. The ordinance Of jacksonville declaring
it unlawful for any person to keep open on the
Sabbath day any bar room, or other place where
cider vlnOus, malt fermented or sprituOus H.
quors OF any kind are sold or kept for sale, or
keep open amy door or aperture thereof which
could or might he used a means of ngress or
cgreSS 10 such premises or in such manner as the
public could be admitted" or to sell, offer for
sale give or dispose of any such liquors on the
sabbath day. is not void as being inconsistent
with the laws of This State, or on account of
VagUrncSS or uncertainty.
The first paragraph of the seventh section
OF tAe jacksonville ordinance, number H. APP
proved April 20, 1NSS prohibiting the kcening
opel en- the Sabbath day any bar room or other
place whore liquors are sold or kept for sale or
The e or otier for sale Of liquors on that lay. is
not repealed by ordinance number %, approved
june II, ISIS providing il shall be unlawful to
keep open any store shop or other place of bust
12ess. or To sell or dispose 0t any goods ETC. on
{he day stated. Nor does tie latter ordinance
rcpea the last sentence Of the third paragraph
o. the seventh section Of ordinance number II
except III 50 far as Snch last sentence applied 10
the frs sentence OF the third PARAGRAPH of the
same section
;. an order or Judgment committing convict
20 he custol V OF proper officer OF tho court
unt| The fine, or fine and costs shall be paid i,
correct, and the usual common law folm: aud
II IS the cNtv OF the officer cOntinc the prisoner
in the jail o. other 4provided by law tor his
confinement.
. \ sentence or judgment Of the municipal
court OF Jacksonville which commits The person
convicted 10 The custody OF HE Chief OF Police
until the fine, or fine and costs, as the cas-
may be- l. or are paid, does not constitute iudet-
mite imprisonment in violation Of the provisions
OF The eighth section Of our Bill OF Rights that
andcfni'e Imprisonment shall not be allowed
10. The provisions of The charter &C, Of Jack
%o1ve for putting persons committed in default
Ol payment of fine and costs 10 labor and al
lowing them credit and prescribing the maxi
mum number OF days any convict my be- re-
CURED I" labor, Is guaranty against indefinite
imprisonment OF pclsonS held under judgments
81 'nc municipal court OF that city.
II y caplt> issued upon judgment % the
municipal court Of Jacksonville and stating the
date OF me judgment, and The amount 81 the
fine imp )>cd, and that The COnvic'Ion WAS for Il
Voailnn 81 an ordinance 81 the Mayor and
Council OF The city, is not fatally defective, nor
So indefinite as 10 be J,rta,0 f,uie invalid
II c"p{as winch rectcs the judgment OF a
municipal court imposing a fine and costs, and
It's affi'mance by an appellate court ana directs
the officer to proceed 10 collect the amount of
the tine and costs, and, in the event 0i Il refusal
70 pay, 10 enforce the order of said municipal
courl "by taking The defendant INFO custody and
keeping him until The fine and costs shall have
been paid in FULL does noi direct an enforce
menl Of the costs adjudged by the appellate
court.
Petitioners rcmanded
Frank w. Pope, O. J. II Summers, John T.
llarridae for Petitioners; j. NJ Bans, for the
City OF Jacksonville