Majority
p. 420The People vs. J. T. Calhoun.
Headnote
Ajusticeofthe peace has no right to deny ment because a defendant Ms^fees Pfor bondin' the defendant’s demanding an adjournment. If he, for such cause,^refuses ment, he is lia. dictmenHora misdemeanor..ip defendant was indicted for a misdemeanor in his office as a justice of the peace of the county of Monroe, in- refusing to adjourn the trial of a cause depending before him. He was convicted; but judgment was suspended by the court of sessions of that county until the advice of this court could be °bta™ed-
One Guernsey was brought before the defendant on a war-ran); issued by him in a civil suit, and applied for an adjourn- , mi . - 1 1 \ . _ . , , ment until the next day. Ihe defendant decided that he was endtled to the adjournment on his complying with the requirement of the statute, by giving security by bond for his appearance on the adjourned day, and proceeded and made out a bond. Before the bond'was signed, the defendant demanded of Guernsey twenty-five cents, the fee allowed to justices for drawing and taking a bond in such cases ; Guernsey refused to pay the money; whereupon the defendant refused to receive the bond and to adjourn the cause, and the trial proceeded. On the trial on the indictment, the defendant insisted that the payment of his fee was a condition precedent to his receiving the bond and adjourning the cause. A mar
p. 421
jority of the court thought otherwise, but suspended judgmént.
By the Court,
The magistrate misapprehended his duty in refusing the adjournment unless his fees for drawing the bond were paid. The payment of the fees was not a condition precedent to the adjournment of the cause; and the magistrate erred in withholding from the party his right on account of the non-payment of them. We therefore advise the court of sessions to proceed to judgment.