| Show OFFICER AND commission the following comei from cannon ville utah under date of january through the columns of your esteemed paper please answer the following question S A J contends that if he qualifies for the office ot of justice of the peace by illing filing bonds bond taking the oath of office etc and though he may never receive a com his bib aois aclo as am such ju justice vitice of the peace will to all intents and purposes be legal and valid J M D the position position that the more mere fact of filing bongs bonds and subscribing the oath of office is but an ex parts pane qualification in other words but a preparatory step to the legal and complete qualification of the justi justice of the tho peace and to entitle the officer to legally perform the functions of his office he must be commissioned by the governor then he to is fully and legally qualified and without being commissioned co his acts as an justice of the peace would be null and void if a perseo qualifies for the office of justice of the be peace all except receive ing hie bin commission and la in in full and undisputed possession of the records reo orde etc so ad far as concerns oona erns any other claimant to the office then his sago acts as to litigants are valid as an those of a de as facto officer but S litigant could interpose a demurrer to such justices just icee jurisdiction because of his not ot being auly commissioned end and a change of venue must be granted it if the justice for the preceding term were to refuse to turnover turn over his rec records ards until a corn com te lesion is in presented which be can do lawfully then the person who proceeded as an stated to la the inquiry could not act for abe reason that he be would oat not be actually in possession of the office moo |
