14 S.C. 400 | S.C. | 1881
The opinion of the court was delivered by
This is an appeal from the judgment of the Circuit Court affirming a judgment rendered by a trial justice in a prosecution under an old act passed in 1695, (2 Stcit. 105), incorporated in General Statutes, Chapter CXXIX., Section 10, page 716. The phraseology of the act is not free from obscurity, and is as follows: “ Whoever shall steal, take away or lef loose any boat * * * shall be liable to such fine or fines as the court shall, in their discretion, think fit, if the matter of fact be felony or larceny, and make good to the person or persons injured all damages they shall sustain ; and in case the matter of fact be a trespass only, the person or persons commit
In this case proceedings were commenced in the usual way by an affidavit, in which the prosecutor charged that the defendant “ did feloniously break loose, steal and take away ” a certain boat belonging to the prosecutor, upon which a warrant, in the usual form, was issued. Under this warrant the defendant was arrested and carried before the trial justice, who upon a prelimir nary examination, decided “that there is no cause of action for a felony but sufficient cause for a trespass,” whereupon the words “ feloniously ” and “ steal ” were erased from the papers and the defendant was tried for trespass. The jury charged with the case returned the following verdict: “ We find for the plaintiff $5.” For'some reason, not disclosed by the “case” submitted here, this verdict was erased, but by what authority or by whose directions, does not appear, and another- verdict was returned in the following words: “We, the jurymen on this case, after mature consideration, unanimously find the defendant, It. F. Weeks, guilty of trespass, and in consideration thereof find [meaning fine, we suppose,] the said R. F. Weeks the sum total of $5 for damages.” Upon this verdict the trial justice rendered judgment for $20 forfeiture under the statute, and $5 damages found by the jury, together with $16.05 costs.
As it is very clear that the trial justice had no jurisdiction of the case, it will not be necessary to consider in detail the several errors alleged in the grounds of appeal as having been committed in the course of this anomalous proceeding.
If the offence charged should prove to be a larceny, then, certainly, the trial justice had no jurisdiction, for the only limit' to the amount of the fine to be imposed is the discretion of the court, while a trial justice’s jurisdiction is limited to the trial of such offences as are punishable by a fine not exceeding $100, or imprisonment not exceeding thirty days. If, however, the offence should prove to be “ a trespass only,” then, conceding
The judgment of the Circuit Court is reversed.