18 Mo. 566 | Mo. | 1853
delivered the opinion of the court.
The act establishing the St. Louis Land Court was approved February 23d, 1853. Its last clause declares “this act to take effect from its passage.” The first section is in these
The plaintiff brought the present action in the Court of Common Pleas, after the passage of the act establishing the Land Court, for the purpose of recovering the possession of a tract of land. The defendant demurred, because of want of jurisdiction in the court to entertain the cause. The demurrer was sustained, and the case is brought here by writ of error.
1. It is evident that the questions involved in this case affect many important interests of the people of St. Louis. Between the approval of the act and the organization of the court by the election of the officers, there intervened a period of some six months, in which there were probably not only many actions and proceedings affecting the title to real estate commenced in other courts, but many judgments were rendered in such courts and many transcripts from justices, and liens by mech
Tbe question in this case is, whether tbe jurisdiction of tbe other courts, in causes wbicb were previously within their cognizance, is, by the passage of this act, and before tbe organization of tbe Land Court, by tbe election of tbe necessary officers, entirely taken away ?
It is to be observed, that tbe jurisdiction of tbe other courts is not affected by this act in any other manner than by tbe grant of exclusive jurisdiction to tbe Land Court. It is not said that tbe other courts shall not exercise jurisdiction in tbe classes of cases mentioned in tbe second section. It is by tbe grant of exclusive jurisdiction to tbe Land Court that theirs is cut off. Now it is obviously tbe design of tbe general assembly that jurisdiction of sucb causes shall continue to be entertained, and justice in them administered by some court. It would be improper to impute to tbe legislature, sitting under a constitution that declares, “ that courts of justice ought to be open to every person, and certain remedy afforded for every injury to person, property or character, and that right and justice ought to be administered without sale, denial or delay,” tbe design to suspend the administration of justice in several of tbe most important classes of cases that are brought in our courts. As it is impossible to imagine that sucb purpose was really entertained, it is not proper that the act shall have that effect, if any legitimate construction of its language will avoid sucb result. When, then, it is seen that tbe jurisdiction of tbe existing courts is only destroyed by the actual investiture of another tribunal with that jurisdiction, tbe question arises, when is sucb exclusive jurisdiction vested in tbe Land Court? It appears to be an answer consistent with reason and analogy, that it is vested only when there is sucb organization of tbe tribunal under tbe law, as renders tbe exercise of tbe jurisdiction practicable. When an estate or power is granted by words of present grant, we expect, in ordinary cases, to find a grantee
Questions under the same act may arise as to the liens which, by different clauses of this act, are made to depend on their being-filed in the Land Court, and we use those parts of the act as illustrating the position we maintain in regard to jurisdiction. It is evident that the act contemplates the continuance of the different provisions of law by which liens are created, and, for the purpose of convenience, provides that the evidence of such
For instance, it is declared that there shall be two terms of the court held at the city of St. Louis, on the first Mondays in March and October. Now, although the act was passed on the 23d of February and took effect from its passage, it is clear that no term was to be held in the month of March next succeeding the approval of the act, because there could be no court to hold any term at that time. There was to be a court in the future and when the court was organized, it would hold terms in March and October.
The word “hereafter” is used in several sections and con
There are certain parts of the act that of course must go into effect before the organization of the court, for they were necessary to its organization. The provisions for a writ of election to be issued by the governor, and for holding the election itself must, of course, go into effect at some time previous to the time of the election, and no doubt this necessity occasioned the oversight in making the whole act take effect from its passage, instead of giving effect to different sections at different times. Upon the whole, however, we are satisfied that the proper construction of the act requires the different sections relating to jurisdiction and to filing judgments and liens, to commence their operation only when the new court was so provided with officers as to render the exercise of the jurisdiction, and the filing of judgments and liens practicable, and
The judgment is, with the concurrence of the other judges, reversed, and the cause remanded.