The judgment is affirmed, for the reason given by the presiding Judge, to-wit: that the warrant, (which he considered as a complaint in writing, in which view we also concur,) contains no averment negativing collusion with the accused.
This is perhaps the most essential requisite prescribed by the Legislature in order to give a Justice of the Peace jurisdiction in criminal matters, for the great objection heretofore urged to conferring upon them this jurisdiction has been that by collusion, grave offences against the State would be compromised before these inferior Courts, to the exclusion of the jurisdiction of the Superior Courts, thereby scandalizing public justice. To meet this objection the Legislature has, as we think wisely, erected this barrier, which must appear in every complaint in order to give jurisdiction.
This disposes of the case before us, but we will call attention to the fact, which appears upon the record, that while the offence was committed in Magnolia Township, the warrant was issued by a Justice of the Peace, residing in Rock-fish Township. It was, however, returned before and tried by a Justice residing in Magnolia Township. We see no objection to this practice. There is nothing in the act regulating the jurisdiction of Justices of the Peace in crim*304inal actions, which requires the warrant to be issued by a Justice of the Township in which the offence was committed. The restriction is that no Justice shall have final jurisdiction to determine any criminal action or proceeding for any offence whatever, unless it shall appear on the complaint, and upon proof before him, that the offence was committed within his Township.
It will doubtless be found very convenient, and in furtherance of the ends of public justice, that warrants may be issued by any Justice of the County, to be returned before a Justice of the Township in which the offence was committed.
Pee Ctjeiam. Judgment affirmed.
Note.—The cases of the State v. Bob Mooney, and State v. Amos Hyder, decided at the present term, presented the same question as to the want of an averment in the warrant or complaint that there was no collusion between the|defendant and the party injured, and were decided as in the above case of the State v. Hawes.