Wardens of the Poor v. Sneed

5 N.C. 485

• Court: Supreme Court of North Carolina
• Decided: July 5, 1810
• Status: Published

Opinion

By the Court.

This being a penal act, is to he construed strictly. The case of the Defendant is not within the letter of the act. The offence charged against the Defendant, for which the forfeiture is sought to be-recovered, is, u acting as a justice, of the peace after the act went into operation, without resigning his appointment as deputy-clerk of the County Court.” If subse quently to the passing of the act, he had accepted the ap-pointnient of deputy-clerk, his office of justice of the peace would have been thereby vacated : If, being deputy-clerk, he had subsequently to the passing of the act accepted the office of justice of the peace, his appointment as deputy-clerk would thereby have been vacated. This must be construed to be the true intent aiul meaning of-the act: and the act declares, that if any person shall presume to act in any of the said offices, contrary to the true intent and meaning of the act, he shall forfeit fifty pounds'. The Defendant’s case does not come within either branch of the act. He did not, after the passing thereof, either ac-eepl the appointment of deputy-clerk, or the office of justice of the peace. He held both, béfore the act passed. Let: judgment be entered for the Defendant.