Year: 1876

AN ACT prompt payment of fines collected hY


Justices of the Peace.


SECTION /. Be 1t enacted 5Y the LeqisIature
Of the State Of Mississippi, That it shall here
after be the duty Of each Judge of the Circuit
Court in this State, at each regular term of his
court in each county, to require every Justice
of the Peace and er o6icio Justice of the Peace
in the county in which such term of court is
being held, to appear on the first or second day
of such term Of court, with transcript of his
docket, and submit the same for examination
and inspection by the grand jury, which tran
script shall contain fun and complete report
of all fines imposed and the amount of the
same, collected by such Justice of the Peace,
and what disposition has been made Of the
same which shall be certified and sworn to by
such Justice or oficiO Justice of the Peace,
before the Circuit Clerk of such county and
any Justice or en-0Btci0 Justice of the Peace,
willfully making a false entry upon such tran
script shall be guilty of perjury, and, on con-
viction thereof, shall be subject to all the pains
and penalties prescribed by law.


Sec. 2. Be 1t further enacted, That it shall
be the duty of the grand jury to carefully ex-
anime the transcript of each Justices docket
in the presence of the District-Attorney, and
make a report Of their action thereupon to the
Judge of the court, in open court; and if upon
such examination, it shall appear that any JUS
tice or er-QHct0 Justice of the Peace has failed
to pay over account for any money mon
eys in the manner and time required by law, it
shall be the duty of said grand jury to present
a bill of Indictment against such defaulting
Justice or e4-QBicio Justice of the Peace, as
now provided by law; and when such indict
ment shall have been prosecuted, it shall be
the duty of the court to proceed to the trial of
said case instanter, unless good cause can be
shown for a continuance.


SEC. 3. Be 1t further enacted That if any
Justice or er-ofcio Justice of the Peace shall
neglect refuse to appear with transcript
of his docket and report, at the time provided
in the first section of this Act, it shall be the
duty Of the Judge of the court, on the applca-
ton of the ct-Attorney, To issue such
summary process as is provided by law in
the cases of defaulting jurors witnesses;
and it shall be the duty of the Sheriff of the
county to serve the same promptly for which
he shall be entitled to receive and collect the
same fees as provided by law in similar pro-
cess; and the Clerk of the Circuit Court shall
likewise receive the same ices in like cases
Prouided, That the District-Attorney shall have
authority to compel any Justice or er-offcio
Justice of the Peace to present his docket for
the inspection of the grand jury, whenever in
his judgment it may be necessary.


Sec. 4. Be at further enacted, That it shall
be the duty of the foreman of each grand Jury
to deposit the transcript of the docket of each
Justice or er-0ffcio Justice of the Peace. so
furnished him, in the office of the Clerk of the
Circuit Court at the end OF the court term,
which shall be carefully filed and preserved bv
such Clerk, and subject at ali timesRto the in
spection of any person desiring to do so 1t
shall be the duty of the Judges of the several
Circuit Courts in this State to give this Act in
charge to the grand jury at each regular term
Of his court.


SEC. 5. Be 1t further enacted That all Acts
or parts of Acts in conflict with this Act be
and the are hereby repealed; and that
this Act shall take effect and be in force from
and after its passage.


APPROVED, March 81, 1875.