7 Kan. 426 | Kan. | 1871
The opinion of the court was delivered by
This was an action for false imprisonment. The judgment below was for the defendants, and the plaintiff brings the case to this court. It is seldom that a case is brought to this court that presents so many nice and difficult questions as this case does. Some of them have never been submitted to a court of last resort. Others of them have been before such courts, and the decisions upon them are conflicting. ' We have examined carefully all the questions in this case, and shall decide such of them as is necessary to dispose of the case in this court, and in the court below.
“ Counsel Chamber, Apr. 10th, 1867.
“ Special Meeting. — Mayor McDonald in the chair. Present, full board. * * * On motion, the city marshal was instructed to appoint a deputy immediately.. On. motion, adjourned.
“ Approved : John McDonald, Mayor.
“Attest: John Van Fossen, City Clerk.”
i. — transcript prom docket.
“Fort Scott,May 25,1867. — Mayor’s Court. Brought*449 before me, Lewis Prell and A. M. Heilman, charged with the disturbance of the peace of the city by fighting. Upon hearing the case and the testimony of-witnesses, they were each found guilty and fined five dollars each and costs, .and to stand committed until paid. On refusing to pay, commitment issued to marshal.
Fine, each, $5.00........................$10.00
Marshal............................... 2.25
Judge...................................... 1.65
Witness fees..............................50 — $14.40
“John McDonald, Mayor.”.
II. — COPY OR WARRANT. ,
“ City or Fort Scott, \
'Bourbon County, Kansas, / ’
“ To the Marshal of the City aforesaidj greeting: Whereas, Heilman and Prell, of said city,'have been arrested for a disturbance and breach of the peace, by fighting in said city, and have been examined by me, John McDonald, mayor of said city, on the truth of said charge, and I was of the opinion and found that such charge was true, and thereupon ordered said Heilman and Prell each to pay the sum of five dollars and costs of suit, and to stand committed until paid, which they each refused to pay. Wherefore the State of Kansas hereby commands you to receive the said Heilman and Prell into your custody, there to remain until discharged by due course of law. Given under my hand this 25th day of May in the year 1867. John McDonald, Mayor.”
Who is the plaintiff, and who is the defendant, in these proceedings ? They have no “ title,” as proceedings of courts usually have, informing us; and while it may be-ascertained from the body of the proceedings who the-defendants are, it is difficult to ascertain who the plaintiff is. Either the State or the city may prosecute for the offense of “ disturbance of the peace of the city by fighting,” or “ disturbance and breach, of the peace by fighting in said city;” and either may do so before the mayor. The mittimus informs us that it was the State that commanded the marshal to receive said Prell into his custody;
But let us examine our own statutes: Under section 21 of article 4 of said chap. 68, Laws of 1867, all the powers and jurisdiction of police judges are conferred upon the mayors of cities containing more than 1,000 and less than 4,000 inhabitants. And the powers'and jurisdiction of police judges are defined by said article, pages 123 'to 126. Under said article police judges have jurisdiction to hear and determine all offenses against the city ordinances; and to hear and determine all actions civil or criminal arising under the laws of the State which come
The judgment of the court below must be reversed, and the cause remanded for further proceedings.