CHAPTER 129.

JUSTICES OF THE PEACE-CRIMINAL JURISDICTION.

1. Cases over which Justice of upon acquittal; when complainthe Peace has criminal jurisdiction.

2. Examination upon complaint; warrant, when to issue; witness, when to be examined.

ant required to pay costs.

24. Appeals from such trials allowed; manner of preparing papers for appellate court; wit

3. When Justice may require nesses for such court to be recogcosts paid in advance.

4. Costs, when to be taxed against defendant.

5. In what cases officers cannot refuse to issue or serve warrants. 6. Penalty for failure to comply with the above law.

7. When peace warrant to issue for arrest, and proceedings.

8. Warrant to issue upon complaint.

9. Requisites of affidavits. 10. When trial to be had. 11. Bail, when allowed; when to commit a prisoner.

12. Prisoner may have witnesses on his behalf.

13. Crime charged against prisoner to be read to him; effect of refusal to plead.

14. Effect of plea of guilty. 15. Jury trial, how to be had. 16. Manner of summoning and returning jury.

nized.

25. When execution to issue against complainant for costs. 26. Certain cases in which prisoner may be committed.

27. When prisoner may be committed to jail of another county.

28. Judgment may be entered against complainant if he fails to appear at Circuit Court.

29. In what cases bond for appearance required; attachment, when to issue in such cases.

30. What officers to execute judgment of Justices' Courts. 31. Fines paid to Justice and disposition of same.

32. Disposition of fines paid after commitment.

33. Who to sue for fines when officer fails to pay them over.

34. Power of Justices as to subpœnas, and to administer oaths. 35. Proceedings to be had against

17. Deficiency of panel, how sup- defaulting or recusant witnesses. plied.

18. When new jury to be had. 19. Oath to be administered to jury.

20. Regulations as to jury pending trials.

21. Verdict of jury, how delivered.

22. Judgment, how rendered; limit of punishment; when prisoner may be committed.

23. Prisoner to be discharged

36. When Justice to issue certificate of conviction.

37. Certificate, where filed. 38. Certificate to be evidence. 39. Duty of Justices as to papers, &c.

40. Duty of Justices as to keeping docket.

41. Dockets of Justices to be inspected by certain officers.

42. County Judges given same powers as Justices of the Peace.

Trial jurisdiction.

Examination of complainant.

Complaint.

Warrant.

Witness.

SECTION 1. Every Justice of the Peace shall have power to hold a court, subject to the provisions hereinafter contained, to hear and determine charges for offences arising within their respective counties, as follows: 1. All cases of larceny not charged as a second offence, when the value of the property stolen shall not exceed twenty dollars. 2. Cases of assault, or assault and battery, not charged to have been committed riotously, or upon any public officer in the execution of his duty, or with intent to commit any other offence; also to try any and all persons charged with carrying arms of any kind secretly on or about their persons, or of having on or about their person any dirk, pistol, or other arm or weapon, except a common pocket-knife. 3. And of all other offences punishable by fine not exceeding one hundred dollars, or punishable by imprisonment in the county jail not exceeding three months, or punishable by both fine and imprisonment. (a)

SEC. 2. Upon complaint made to any Justice of the Peace by any constable or other person, that any of the foregoing offences have been committed within the county, he shall examine the complainant and such witnesses as shall be produced on oath, and shall reduce the complaint to writing, and cause the same to be subscribed by the complainant or witnesses, and if it shall appear that such offence has been committed, the Justice shall issue his warrant, reciting the substance of the complaint, and requiring the sheriff or any constable forthwith to arrest the accused and bring him before such Justice, or some other Justice of the same county, or the County Judge, to be dealt with according to law; and in the same warrant may require the officer to summon such witnesses as shall be named therein to appear and give evidence at the trial. (b)

(a) Sec. 1, Chap. 3272, Act of Mch. 4, 1881.

(b) Sec. 2, Chap. 2093, Act of Mch. 2, 1877.

SEC. 3. Justices of the Peace may require payment in ad- Payment for vance of, or security for costs of process, service of the same, cost in advance. and of examination, before he may be compelled to issue process: Provided, That if the party injured make affidavit of insolvency, and of substantial injury in person or property by him or her suffered, then process shall issue. (c)

SEC. 4. All costs accruing in examining courts shall be taxed Cost to be taxed against the against the defendant, on conviction or estreat of recogni-defendant. zance. (c)

refuse to issue

execute war

criminal cases.

SEC. 5. It shall not be lawful for any Justice of the Peace to Justice of refuse to issue a warrant for the arrest of any one duly charged Peace not to with the commission of crime, when there seems to be prob- nor Sheriff or able grounds for belief of the guilt of the accused, and shall Constable to make affidavit that he or she is not able to pay or give secu- rant in certain rity for costs; and it shall not be lawful for any sheriff or constable to refuse to execute such warrant on the ground that the person applying therefor has failed to pay and advance the fees now required by law in such cases: Provided, such person shall take and subscribe an oath before such Justice that he is insolvent, and is unable to pay such fees; which fees, in such cases, if not recoverable from defendant, shall be chargeable against and paid by the State. (d)

SEC. 6. Any Justice or officer guilty of a violation of the Penalty. preceeding section, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined not less than twenty dollars, nor, more than one hundred dollars, and shall further be subject to removal from office by the Governor. (d)

SEC. 7. After an affidavit is made before any Justice of the Proceedings. Peace by any person that he or she has reason to believe, and does believe, that he or she will suffer personal violence at the hands of another, he shall issue his warrant for the arrest of the party or parties against whom the affidavit has been made, commanding the officer in whose hands the warrant has been placed, to bring the said person or persons against whom the warrant has been issued before him, and if, after a full and thorough examination, he shall have reason to believe, from evidence produced before him, that there is just cause for said complaint, he shall bind the person or persons so arrested over by bond, with two or more good and sufficient sureties, said bond to be approved by the Justice, for one year to keep the peace, and, upon failure of said person or persons to give bond as aforesaid, he shall commit such person to jail until the re- Limit of comquired bond is given; Provided, That the said commitment mitment. shall not be for more than three months. (e)

SEC. 8. When any complaint shall be made upon affidavit, Warrant to before any Justice of the Peace, of any offence committed arrest upon against the laws of this State, or the laws of the United States,

(c) Secs. 2 and 3, Chap. 1949, Act of Feb. 19, 1873.

(e) Sec. 1, Chapter 3270,

(d) Secs. 1 and 2, Chap. 3128, Act of Mch, 11, 1879.

Act of Feb. 17, 1881.

complaint.

Requisites of affidavit.

Trial.

Bail.

it shall be his duty forthwith to issue his warrant to any constable of the county, or to the sheriff, in case the said Justice should deem the complaint of an important nature, commanding the said constable, sheriff or marshal forthwith to arrest the offender, and bring him, her or them before the said Justice. expressing in the said warrant the nature of the offence; whea the offender or offenders shall be arrested and brought before the Justice, if the offence charged against the prisoner be merely a misdemeanor, and the Justice be satisfied there is good ground to hold him to bail, the said Justice shall take his bond with one or more securities, for his appearance at the next Circuit Court, but, if he fail to enter into the said bond, the said Justice shall commit the prisoner to prison. (f)

SEC. 9. When any affidavit shall be made before any Justice of the Peace of any offence committed, he shall require that the affidavit contain, as particularly as can be done, the nature of the offence, and the circumstances attending its commission: and in cases of larceny, a particular description, as nearly as can be made, of the article or articles stolen, and the value of each separately, and the names of all the witnesses and their places of abode. (g)

SEC. 10. On the return of the warrant, with the accused, the said Justice shall proceed to hear, try and determine the cause forthwith, or on a day to which the cause shall be adjourned, which shall not be more than ten days from the return of the warrant, unless the defendant shall consent to a longer adjourn ment. (h)

SEC. 11. From the time of the return of the warrant until the time of the trial the accused may give bail with one of more sufficient sureties, to be approved by the Justice, for his or her appearance at the time of the trial, in such sum as shall be named by the Justice, not exceeding one hundred dollars; or in the event of failure to furnish such security, may be com Commitment. mitted to the county jail for safe-keeping, by warrant of said Justice, or left in custody of the sheriff or constable. (h)

Witnesses before examining court.

Charge to be read.

Refusal to plead.

SEC. 12. If a prisoner shall desire witnesses to be summoned, either before the examining court, or the court before which he or she is to be tried, upon application of the prisoner or his counsel, the clerk or Justice shall issue subpoenas, and the court shall compel the attendance of such witnesses. (7)

SEC. 13. The charge made against the accused, as stated in the complaint or warrant, shall be distinctly read to the se cused, who may plead thereto, and the plea shall be entered in his docket by the Justice. If the accused refuse to plead the Justice shall enter the fact, with a plea of not guilty in behalf of the accused, in his docket. (j)

(f) Sec. 1, Act of Nov. 19, 1828.
(g) Sec. 2. Act of Nov. 19, 1828, as
amended by Sec. 1, Chap. 2094, Act of
March 2, 1877.

(h) Secs. 3 and 4, Chap. 2093, Act of

March 2, 1877.

(i) Sec. 10, Act of Nov. 19, 1828
(j) Sec. 5, Chap. 2093. Act of March 2

1877.

SEC. 14. If the accused shall plead guilty to such charge, Plea of guilty. the court shall thereupon enter such plea upon his docket, give judgment upon same and enter such judgment upon his docket. (j)

SEC. 15. After joining issue, and before the court shall pro- Jury. ceed to an investigation of the merits of the cause, the court shall direct the sheriff or any constable of the county to summon six inhabitants of the county, qualified to serve as jurors in the courts of record in this State, and from this number the complainant shall have the right to challenge one and the prisoner two. (j)

SEC. 16. The officer shall summon such jurors personally, summons and and shall make a list of the persons summons, which he shall return of jury. endorse upon and return to the court at the time specified.

(j)

Deficiency of

SEC. 17. If any of the jurors named in such venire shall fail to attend in pursuance thereof, or if there shall be any legal jurors, how objection to any that shall appear, the court shall supply the supplied. deficiency by directing the sheriff or any constable of the county, who may be present and disinterested, to summon bystanders or others, who may be competent and against whom no cause of challenge shall appear, to act as jurors. (j)

SEC. 18. If the officer to whom the venire shall have been delivered shall fail to return the same, as hereby required, or if the jury shall fail to agree and be discharged by the court, a new jury shall be selected and summoned in the same manner, and the same proceedings shall thereupon be had, as herein prescribed in respect to the first jury. (j)

SEC. 19. To each juror such Justice shall administer the following oath or affirmation:

You do solemnly swear (or affirm) that you will well and truly try this cause, between the State of Florida and the accused, and a true verdict give according to law and the evidence: So help you God! (j)

New jury.

Juror's oath.

ing a trial.

SEC. 20. After the jury shall have been sworn, they shall sit Regulations as together and hear the proofs and allegations in the case, which to jury pendshall be delivered in public, and in the presence of the accused; and after hearing such proofs and allegations the jury shall be kept together, in some convenient place, until they agree upon a verdict or are discharged by the court, and the sheriff or a constable shall be sworn to take charge of the jury in like manner as upon trials in Justices' courts in civil proceedings. (j)

SEC. 21. When the jurors have agreed upon their verdict, Verdict. they shall deliver the same to the court publicly, who shall enter it in his docket. (j)

SEC. 22. Whenever the accused shall be tried under the pre- Judgment and ceding provisions of this chapter, and found guilty by a jury, punishment. or shall be convicted of the charge made against him upon a

(j) Secs. 6, 7, 8, 9, 10, 11, 12 and 13, Chap. 2093, Act of March 2, 1877.