New Jersey Society for Prevention of Cruelty to Animals v. Wilbur

The opinion of the court was delivered by

Garrison, J.

The prosecutor was convicted before a justice of the peace in a proceeding taken under the thirteenth section of the Cruelty to Animals act. Gen. Stat., p. 36. The complaint was sufficient to confer jurisdiction, but it is contended by the prosecutor that the justice lost jurisdiction by his denial of the demand for a jury made by the prosecutor at the proper stage of the proceedings. The denial was placed by the justice upon either of two grounds—first, the refusal of the demandant to advance the venire fees, and second, that the cause was…