
    COURTS — MAYORS—CRIMINAL LAV;
    [Franklin (2nd) Circuit Court,
    1904.]
    Sullivan, Wilson and Dustin, JJ.
    Valentine Kappes v. State of Ohio.
    1. Section 6529 Rev. Stat. Relating to Change op Venue, not Applicable to Matoes’ Courts.
    Section 6529 Rev. Stat., providing for change of place of trial before justices-of the peace, does not apply to criminal proceedings in mayors’ courts.
    2. Courts of Concurrent Jurisdiction Cannot Act at Same Time.
    Courts of concurrent jurisdiction cannot assume jurisdiction of the same person and same subject-matter at the same time. The jurisdiction of the court first acquiring the same is exclusive. Hence, a prosecution for unlawfully keeping a saloon open on Sunday, being commenced in the mayor’s court, a conviction for the same offense in a proceeding subsequently, brought before a justice of the peace can not be interposed as a plea in bar upon trial thereof in the mayor’s court.
    ERROR to Franklin common pleas court.
    C. D. Saviers and G. E. Trump, for plaintiff.
    W. B. Wheeler and M. E. Thrailkill, for defendant.
    On September 1, 1903, a warrant was secured before the mayor of the village of Marble Cliff, Franklin county, Ohio, charging Valentine Nappes with having kept open a saloon on Sunday. He was arrested and the case was set for hearing on September 8, before the mayor. On September 5, plaintiff in error was arrested by his porter for the same offense, upon a warrant secured before a justice of the peace in the same township. A plea of not guilty was entered, trial had, and accused found guilty and fined $25 and costs. When the case was called for trial before the mayor, the defendant interposed his prior arrest and conviction before the justice of the peace, as a plea in bar. The mayor rejected the plea in bar, and defendant was tried and found guilty and fined $100 and costs. The common pleas affirmed the judgment of the mayor.
   WILSON, J.

The judgment in this ease is affirmed. The provisions of Sec. 6529 Rev. Stat., relating to change of venue in justice of the peace proceedings do not apply to mayors’ courts, in criminal proceedings. If they did, the motion for change of venue and. the evidence do not disclose a ground for change under that section.

The made to order prosecution, in the court, of H. W. Garver, justice of the peace, is a nullity. Two courts having concurrent jurisdiction - capnot entertain jurisdiction of the same person and the same subject-matter, at one and the same time. The jurisdiction of the court first acquiring the same is exclusive. This is elementary. The cause is remanded to the mayor’s court for execution.

Sullivan and Dustin, JJ., concur.  