Report of Cases Argued and Determined in the Supreme Court of Alabama (56)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1861 edition. Excerpt: ...'or omitted in violation of a public law, (4 Blackst. Com. 3;) ami-t-he term ' criminal prosecutions, as employed in the constitution, relates exclusively to prosecutions for Violations of the public laws of the State. A city ordinames is not apublic law of the State, but a local law of a particular corporation, made for its internal police and good government.. Moreover, if municipal $.68 befol.-9 a mayor of 2; city or town were criminal prosecutions. in the sense of the constitution, they would have to be carried on in the name of the State, and conclude against the peace and dignity of the same.-;Const of.Ala. art. 5, 17, It would follow, also, that an acquit_.tal or conviction before the mayor would be a. bar to any' other prosecution for the same oifense, which, it is vvell settled, is not the case.---See Mayor of Mobile v; Rouse, 1eL, Geo. 354; Mayor of Mobile v. Allaire, I4 Ala.A00.i Norare these proceedings for violations of cityordinanoei cr'vz'l'causes, in the sense of the 29th section of the bill of rights, which declares, that no per-son'sha'll'bc'de' barred from prosecuting or defending any civil cause, for or against him or herself, before any tribunal in. this State, by him or herself or counsel. The civil caufiefl here spoken of are those which deal with private wrrmgs; that is, with acts which constitute an infringement Or privation of the private or civil rights belonging to individuals. These terms, therefore, include only those legal proceedings which seek redress for civil injuries. But cit)' ordinances are punitive regulations; and theobject of E proceeding for the violation of them, is not redresfl...