
    CONSTITUTIONAL COURT, COLUMBIA,
    MAY, 1810.
    Hardy Melton v. Robert Ellison’s Administrators.
    The jurisdiction of a justice of peace does not exceed twenty dollars; therefore, where a justice of peace gave judgment for a greater amount, the same was set aside as unconstitutional, though.the excess was interest which had accrued after suit brought.
    In such case, however, the judgment might have been awarded for twenty dollars, if the plaintiff had been willing'to remit the excess'.
    Motion for a new trial. Appeal from the judgment of a justice of peace to the District Court of Darlington, Smith, J., presiding. The plaintiff sued before the justice of pence, and obtained judgment, on a note ol ’hand given for §13 75, dated June 7tb, 1802, payable in thirty days. At the time of awarding judgment, the principal and interest amounted to §20 16, for which judgment was given; but when the note was sued, the principal and interest did not exceed $20. The ground of appeal to the District Court was, that the justice of peace had no jurisdiction in the case, at the time the judgment was rendered, as the principal and interest, at the time of giving judgment, amounted to upwards .of $20. The ap. peal was sustained.
    ■ The motion in this court was submitted without argument, by JSxAJmtHfi, for the plaintiff, and Ervin, for the defendant.
    
      
      Note. See 1vol. 469, White v.Kendrick; and2 vol. 41, Collins v. Rogers.
   Waties, J.,

delivered the opinion of the court. That the juris. diction of a justice of peace is, by act oí assembly, 1799, estab-bshed not to exceed $20, and by the State constitution it cannot exceed jS5 sterling, and that the judgment in this case being for upwards of $20, was erroneous. The magistrate, who gave judgment, having jurisdiction at the time of issuing his warrant, might perhaps have jurisdiction for $2Ü, and allowed the plaintiff to have remitted the excess, or interest which accrued after the suit brought, but could not give judgment for a sum above $20. I

Motion rejected.  