Prom the circuit court of Leake County.

Hon. Jambs R. Byrd, Judge

McPhail, appellant, was plaintiff in the court below; Blaun, appellee, was defendant there. The suit was begun before a justice of the peace, one Moreland, but, it appearing that More-land was akin to one of the parties, the cause was transferred, under Code 1906, § 2724, providing for such case, to the justice court of one Gilberton, another justice of the peace of the County. The case was tried before and decided by Gilberton, justice of the peace, in defendant’s favor. The plaintiff undertook to appeal from the decision to the circuit court but in so doing presented an appeal bond, not to Gilberton, the justice of the peace who decided the case, but to Moreland, the justice of the peace before whom it was instituted. Moreland received the apeal bond and approved it; Gilberton in no way acting in the matter.

When the case reached the circuit court the appeal was dismissed on defendant’s motion and the plaintiff appealed to' the supreme court.

[Plaintiff encountered a previous difficulty with his appeal and the supreme court dismissed it for irregularity in the transcript, but the order dismissing it was thereafter vacated. See McPhail v. Blaun> 47 South. 666, not officially reported.]

The approval of the appeal bond by Moreland, J. P., was the approval of the bond by Gilberton, J. P.. This was the intention of all the parties and said justice of the peace. The record is plain on this point. Gilberton was a very ignorant justice of the peace and he was very much indisposed that day and did not feel like doing anything. It is very doubtful if Gilberton knew how to approve the bond and he simply relied on Moreland to fix it according to law. This was not delegating authority. We know there is no' such thing as a deputy justice of the peace. Moreland was not a stranger there without leave, law or license, but actually sat on the bench with Gilberton and practically swore the witnesses, parties, and jurors and advised with Gilberton in the progress of the case. Gilberton invited him to sit. McPhail made no objection to Moreland on account of kinship by marriage with Blaun on this occasion. The authority of Moreland did not end with the adjournment of the court, but extended to the complete perfection and approval of the said appeal bond. He exercised judicial functions from start to finish. We respectfully submit that litigants ought not to be denied their rights on account of the acts of ignorant or careless justices of the peace. Winner v. Williams, 82 Miss. 669, 35 South. 308.

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