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 ten pounds proclamation money, for mismarking an unmarked hog, &c. to be recovered in any Court of Record, by any person who will sue for the same. By the act of 1802, ch. Gth, jurisdiction is given to a justice of the peace over all penalties that do not exceed in amount thirty pounds. Under this act, Richmond brought a warrant before a justice of the peace for Caswell county, to recover of Defendant the penalty often pounds, 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, Judge,
delivered the opinion of the Court:
The case of Keddie v. Moore, decided at this term, has settled the question upon this demurrer. The Court are of opinion, that the act of 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, &c. in amount not exceeding thirty pounds. Let the demurrer be overruled.