Burgoyne
Burgoyne v. Board of Supervisors
Opinion
Lead Opinion
Murray, J.
Heydenfeldt, J., concurred.
Several questions were raised in the argument of this case, only one of which it is deemed necessary to examine, viz: The power of the Legislature to confer other than judicial functions upon the Courts of Sessions.
The eighth section of the sixth Article of the Constitution of this State, title, “Judicial Department,” provides as follows: “ The County Judge, with two Justices of the Peace, to be designated according to law, shall hold Courts of Sessions, with such criminal jurisdiction as the Legislature shall prescribe, and he shall perform such other duties as shall be required by law.”
The first session of the Legislature, holden under the Constitution, acting, in all probability, without reference to the distribution of the various powers of our State government, as provided in Article III, conferred upon the Courts of Sessions the entire management of the financial business of the comities. Among other duties enjoined, was that of purchase or erection of suitable buildings for court houses and public offices.
In compliance with the Act of April 10, 1850, the contract, out of which has grown the subject matter of this suit, was made.