Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-04-05

"eiore the law court. the sitting justice
'uied' as matter of law. that the petit
Tuner was not entitled to be dis
charged. The case is here upon excep-
ton TO that ruling.
A discharge will not be granted for
technical OF unimportant errors in the
PROCESS or proceedings: but it will be
siaiiteo where the detention is under
process Issued by a court or MAGISTRATE.
without authority or in excess of its
jurisdiction
The municipal court of Skowhegan
Ids regular terms for civil business.
"ut none for criminal. c iS5. special
Jaws or 1901 In the class of offences
chaE geo against the petitioner. that
court mas the same jurisdiction as trial
iustices, and no more. IN criminal cases
is always open. Upon criminal
hafse within its jurisdiction. if upon
ttlai the respondent is found guilty. or
II ne plead guilty. il becomes the duty
VI the judge At that session TO impose
~eh'elce. When that is done. the cause
determined. the judges judicial duty
is al an end ard nothing remains but
10 carry the Judgment into effect. If to
. =
should issue mittimus at or before
the end of the session at which the
convection WAS had to convey the
prisoner then present in custody to Jail.
Inc issuance of a mittimus is minis
terial and not judicial act a sequence
or the sentence necessarily following it.
ana not subject to control by magis-
trate. except in case of appeal as here
matter stated. In courts of general
jurisdiction ii is ISSUED by the clerk.
without action or direction by the court.
but a magistrate having no clerk may
10 it personally.
There is no doubt that Il permanent
court of general jurisdiction. having
stated terms for the trial of criminal
cases. may. for good cause. place an in
tictment on file. or continue the case
% a subsequent term for sentence. In
such case jurisdiction of the person and
cause is detained. But after sentence
and the adjournment of the term. or at
the end Of the session. if before a nlagis
trate. all jurisdiction of the cases and
The person has ceased.
VS. are not called upon to decide
the Skowhegan municipal court
or trial justice has authority after
to continue for sentence.
II is very doubtful if such authority eX-
lists. The statute in force when futile
vas convicted. provided that If the
offence is within the jurisdiction of the
he shall try it and award
sentence thereon" 4 continuance for
sentence cannot be for an indefinite
term. This municipal court has not
stated terms for criminal offences. AS
to these il is a temporary court for
ZACH case exercising limited jurisiic-
lion by prescribed methods. 1t has no
jurisdiction to suspend and revive a.
rs will case before il.
The statute allows an appeal from
Judgment of a magistrate or municipal
court. to be taken within "A hours
If not taken before the
lose of the session. the nittimus
should issue. and the convict &c
placed in Jail: but in such case. if an
appeal is duly taken within - hours.
the magistrate must necessarily recall
the mittimus to allow the appeal to be
perfected To put this beyond ques-
ton ard resolve all doubts. the iegisia-
.ure. c. III Of the laws of 1898. now r.
:. c. 1S3. s l.. provided that in all
criminal cases before a magistrate
ipon conviction and sentence. if an
appeal is not taken before the adj
iournment of the session of court at
which such sentence is imposed. mitti-
mus shall issue and the respondent
shall be committed thereon. under such
sentence" Then follows provision
hat if after conviction an appeal is
iuly claimed. the mittimus may be SUI
perceded. and the appeal allowed ana
perfected This enactment cryStallzel
nto A statute the already existing law
If after conviction and sentence any
7ourt whether OF general or limited
permits the convict to go
Il large without day. it can never
hereafter issue mittimus for his
IN such case. having
.omnletad its judicial functions. il has
surrendered all further
control over the case and person.
We are not furnished with copy of
he rnittimus in this case. but the orul-
isry mittirnus directs the officer To
.o,nmit the convict then in custody tn
he iail or prison. according 10 the
sentence. II contains TO order to ar
est. and does not authorize an arrest
# an at large. and not an escaped prs
,ner. The sentence does take effect ana
{ in force tFe day it is pronounced
md if the nj gistrate voluntarily MS
,harres the convict from that custody
without dav. as was done in this case
20 cannot afterwards be taken in exc
,ution. certainly not after the time
FAMED for his Imprisonment mas
elapsed.
The fact that the petitioner assented
q The SUSPENSION Of the mittlmus IS
n,material. He could not thereby
,hange or enlarge the jurisdiction or
-.oyyer Of the municipal court
Hahaas corpus is the proper remedy.
hen the process upon which the con-
;ct il hold was issued by court haE-
ng 70 jurisdiction of the case or per-
IN At the time of its issue
The result is. that the t'u'''cila'
.o,r, had no legal right to issue the
oirtimus when it did. and that the ar
root and commitment under II was NE
gal and the petitioner is unia"Iuii! re-
strained of his liberty
Exceptions sustained.
Petitioner discharged.