Thomae v. Cain

The opinion of the court was delivered by

Trenchard, J.

The prosecutor was convicted before a justice of the peace in a proceeding taken under sections 26, 27 and 28 of “An act for the settlement and relief of the poor.” Pamph. L. 1911, p. 390.

Section 29 of the act provides that “at any time previous to the hearing of the complaint in the last two sections mentioned, cither party may demand a trial by ¡jury, whereupon said magistrate shall issue a venire facias to summon a. jury of twelve men competent as jurymen to try said complaint.”

The prosecutor made timely demand for a jury, which was…