The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1916-02-27
In Several Cases Which Are
\ Appealed to 1t for Final
Settlement.

COuAtJb Mh1Sll Wue uDhSIu III llc az
ton Of a justice OF the peace in assess
ing fine against ]. r. Harr, ]. II
Harr and ]. NJ. Harr, brothers
charged with an offense in diggini
potatoes Sunday, was reversed by thu
supreme court OF appeals this weel
and the defendants were dismissed.
The defendants made the plea tina
their potatoes were freezing in tho
ground, and that 10 dig them was ;
work Of necessity. The court held
that the warrant in the case was in
valid through the failure OF the docu
lnent to negative the exceptions in tho
statute 'THousehold or other work o.
necessity and charity"
The syllabi in this and four Other
cases handed down by the court are
MS follows:
State against TEarr and others:
"Thc warrant OF a justice, accusing
one Of laboring on Sabbath day. in
violation of section 16. chapter 140
serial section 1921. code 1913. an of
fense Of which the justice does not
have jurisdiction except to inquire
into the fact Of the offense and 10
hold the accused to answer upon a
presentnrent or Indictment of the
grand jury. is not void for failure to
negative the exceptions in the statute
household or other work OF necessity
or charity, and liable to be quashed.
Section 219, chapter so. serial section
2773, code 1913; Lacey VS.. Palmer
SO Va, 1859; Hardng's case. 105 Va.
S5S; Satterfelds case, Id, S67; People
vs.. Pichette, Ill Mich. 46l.
But the rule is different where the
warrant is for an olense OF which the
justice does not have jurisdiction to
try and pronounce judgment, as the
warrant then stands in the place of
a presentment or Indictment, and must
charge the offense with the same par
ticularty as in a presentment or in
dictment, and when the exceptions
are contained in the enacting clause,
and descriptive Of the offense, the ex-
ception must be negatived, so as to
charge complete offense under the
statute. Twenty-Five Ency. Pl. and
Pract. 1884; Mayos Guide, sos; Har-
ris on Sunday laws, 265, section 302;
state VS.. Richards, 80 W. Va, S4S, 356;
Com. VS.. Hill, Craft 6S2; Stockton
VS.. Marrls, SO W. Va, 443; Am. Rul.
cases, 1855.
Neither a justice, nor a circuit
court on appeal, having jurisdiction.
may try and pronounce Judgment for
an offense committed under said sec
tion 49, chapter 149, serial section
1921, code 1913. Such an offense is
punishable only upon the present.
nent or indictment Of a grand jury.
sonst. W. Va. Ort. III, section 4;
section 219; chapter so, code 1913.
when upon appeal from the judg-
ment Of conviction Of the circuit court
1t appears that the offense charged is
already barred by the statute Of limi-
.ations, the judgment below should be
reversed and the accused discharged
from further prosecution. The COM
mencement of prosecution is the date
of presentment or Indictment. Com
monwealth vs.. Christian. Graft 631;
State VS.. Beasley, 81 W. Va, 1871;
Boyle vs.. Commonwealth, IA Graft.
574. note"
Juplkoff against Charleston Ma
tional Bank, Kanawha county; re-
versed; judgment here; Mason, Judge.
1.-THE defendant bank adopted the
following rules and regulations. ap-
plicable to its saving department:
Deposits and the interest thereon
may be withdrawn by the depositor
N person or by written order; but
in either case the pass book must be
presented, that such payments may
be entered therein. AS officers Of the
bank may be unable to identify every
deposition, the bank will not be re-
;ponsible for loss sustained where a
lepositor has not given notice Of his
DR. her book being lost or stolen, If
such book be paid in whole or part on
presentation. In all cases a payment
upon presentation of deposit book
shall be discharge to the bank for
he amount so paid.
1.-THE amounts that may he due
upon accounts shall be payable only
20 the depositor, his or her order or
10 his or her legal representatives, and
IN case Of minors or married women,
without regard to parents, guardians
Or husbands, as provided by law.
/" 'Depositors, on signing the sig
nature card thereby agree and assent
to these rules and regulations which
may be altered and amended at any
time by the board of directors, and
all such altered or amended rules shall
be obligatory and binding on deposit
tors after due notice of the same.
"These rules were assented to and
signed by the plaintaff, who was a
Iepositor. Held: That notwithstand-
ng these rules and the contract rela-
lions created thereby, the bank is
bound to exercise reasonable care in
making payment so that payment
shall be made TO the person entitled
to receive the money, and II the bank
pay the money 10 the wrong person
without exercising reasonable care
tnlS VIII nOt De ulsCndTSe 10 lue
bank against the depositor.
where depoSitor in savings
bank which has adopted the rules
stated in the foregoing syllabus
seeks to recover money on n deposit
made by him in such bank, and the
bank defends on the ground that the
money had been paid to person hold,
ing the depositor's pass book and
that no notice had been given the bank
before such payment that the book
had been stolen or lost, and the evil
dence is conflicting and contradictory
n to whether the bank used reason
able care in ascertaining whether oil
not the person who presented the booi
was the owner or entitled to receive
4ha r,ooa,. hafora having tho game