Hamilton was convicted by a justice of tbe peacе of the county of Schoolcraft for that “ on the 30th ■day оf December, A. D. 1882, at Seney, in the township of Manistique, in said county of Schoolcraft, said Philip S. Hamilton did engage in and carry on the business of selling and offering for sale, by retail, spirituous аnd intoxicating liquors, and did sell, at retail, spirituous and intoxicating liquors, without first having paid the tax upon the business of selling or offering fоr sale spirituous or intoxicating liquors by retail, in violation of Act number 268 of the Session Laws of 1879, approved May 31st, 1879, and the Aсt number 156 amendatory thereof, approved May 19th, 1881, ■of the Laws of Michigan. ” On this conviction he was sentenced to the House of Correction at Ionia for the period of ninety days, and was duly committed by the warrant of the justice. He thereupon obtained from the judge of the circuit court for the county of Ionia a writ of habeas corpus, •and оn a hearing upon return to that writ he was discharged.
The dischаrge necessarily assumed that the recoi’d of conviсtion failed to show the commission of any offense. This conclusion was reached apparently upon a somewhat critical ■and technical examination of thе commitment, and we are not satisfied that the criticism was nоt overnice. But the point is not very material, as it is plain thаt technical defects .are not reviewable on this process.
If the warrant showed a conviction without jurisdictiоn, •habeas corpus would be the proper remedy; but when the defects are mere irregularities the party must seеk redress in some of the modes provided by statute for reviеw by some appellate tribunal. The circuit, judge of the Ionia •circuit is not an appellate tribunal in respect to proceedings which take place before justices of the peace of the county of Schоolcraft, and in exercising authority by the writ of habeas corpus he is commissioner merely, and what he may do, the circuit court commissioner of the county may claim the right to dо also. Nor would the authority be limited to •convictions by justicеs of the peace, but the circuit court -commissioner might in the same way assume to review the
The order of discharge is vacated.
The questions above mentioned were the only ones presented on this hеaring, and we are not to be understood as deciding, by implication or otherwise, any others.