The Municipal Court Act, With Notes
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Skipworth, 23 Ind., 311.
"The objection here made would apply with equal or greater force to the matter of the jurisdiction of circuit courts in appeals from justices of the peace. Section 12 of Article VI of the constitution provides, that circuit courts shall have such appellate jurisdiction as is or may 98 Note to Sections 19 and 20.
be provided by law, and the several circuit court acts will be searclied in vain for any provision giving them any jurisdiction in the matter of such appeals. T...he only authority for such appeals, the only jurisdiction in that regard (except in the case of some special statutory pro- ceedings) will be found in chapter 79, Revised Statutes, and tht title to that act in no way purports to confer jurisdiction on the circuit court, unless it be held to be embraced and expressed in the word 'practice' contained in such title. And yet, it will hardly be seriously ques- tioned that circuit courts have such appellate jurisdic- tion." The practice provisions of the Municipal Court Act must, therefore, be viewed in the light of this definition of the term ' ' practice ' ' when taken in connection with the provision of section 34 of Article IV, which declares that in case the offices of justices of the peace, police magis- trates and constables within the city are abolished and the jurisdiction of outside justices of the peace is limited to the territory of Cook county outside of the limits of the city, "the jurisdiction and practice of said municipal courts shall be such as the General Assembly shall pre- scribe" and the further provision that "the G-eneral Assembly may pass all laws which it may deem requisite to effectually provide a complete system of local munici- pal government in and for the city of Chicago." What kind of a law is "requisite to effectually provide a com- plete system of local municipal government in and for the city of Chicago," is a matter confidfed exclusively to the judgment of the General Assembly, and its action in re- spect thereto is not subject to judicial review.
What to read after The Municipal Court Act, With Notes?
You can find similar books in the "Read Also" column, or choose other free books by Hiram T Hiram Thornton Gilbert to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Skipworth, 23 Ind., 311.
"The objection here made would apply with equal or greater force to the matter of the jurisdiction of circuit courts in appeals from justices of the peace. Section 12 of Article VI of the constitution provides, that circuit courts shall have such appellate jurisdiction as is or may 98 Note to Sections 19 and 20.
be provided by law, and the several circuit court acts will be searclied in vain for any provision giving them any jurisdiction in the matter of such appeals. T...he only authority for such appeals, the only jurisdiction in that regard (except in the case of some special statutory pro- ceedings) will be found in chapter 79, Revised Statutes, and tht title to that act in no way purports to confer jurisdiction on the circuit court, unless it be held to be embraced and expressed in the word 'practice' contained in such title. And yet, it will hardly be seriously ques- tioned that circuit courts have such appellate jurisdic- tion." The practice provisions of the Municipal Court Act must, therefore, be viewed in the light of this definition of the term ' ' practice ' ' when taken in connection with the provision of section 34 of Article IV, which declares that in case the offices of justices of the peace, police magis- trates and constables within the city are abolished and the jurisdiction of outside justices of the peace is limited to the territory of Cook county outside of the limits of the city, "the jurisdiction and practice of said municipal courts shall be such as the General Assembly shall pre- scribe" and the further provision that "the G-eneral Assembly may pass all laws which it may deem requisite to effectually provide a complete system of local munici- pal government in and for the city of Chicago." What kind of a law is "requisite to effectually provide a com- plete system of local municipal government in and for the city of Chicago," is a matter confidfed exclusively to the judgment of the General Assembly, and its action in re- spect thereto is not subject to judicial review.
What to read after The Municipal Court Act, With Notes?
You can find similar books in the "Read Also" column, or choose other free books by Hiram T Hiram Thornton Gilbert to read onlineMoreLess
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