Caswell County, NC - Richmond v. Boman, 1811 From Caswell Jurisdiction of a justice of the peace. The act of 1802, ch. 6, giving jurisdiction of penalties not exceeding £30 to a justice of the peace, is not inconsistent with the spirit of the Constitution; therefore, a justice of the peace has jurisdiction of the penalty given by the act of 1741, ch. 8, for mismarking an unmarked hog. The act of 1741, ch. 8, inflicts a penalty of £10 proclamation money for mismarking an unmarked hog, etc., to be recovered in any court of record by any person who will sue for the same. By the act of 1802, ch. 6, jurisdiction is given to a justice of the peace over all penalties that do not exceed in amount £30. Under this act Richmond brought a warrant before a justice of the peace of Caswell County, to recover of defendant the penalty of £10, given by the act of 1741 for mismarking an unmarked hog not properly his own, but the property of the plaintiff. He obtained judgment before the justice, and the defendant appealed to the County Court, where he demurred specially to the warrant, and for cause set forth that a justice of the peace had not jurisdiction of the penalty claimed by the plaintiff. There was a joinder in demurrer, and the case was removed by consent to the Superior Court, and thence to this Court. Locke, J. The case of Keddie v. Moore, ante, 41, has settled the question upon this demurrer. The Court are of opinion that Laws 1802, ch. 6, is not incompatible with the spirit of the Constitution; that act has given to a justice of the peace jurisdiction of all penalties, etc., in amount not exceeding £30. Let the demurrer be overruled. Source: NC Reports July Term, 1811 NC Supreme Court Pg 38-39 ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Guy Potts - gpotts1@nc.rr.com ______________________________________________________________________