Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1819-06-12

SAID constable Shall be liable to pay the
said plaintiff, or his or her legal repre-
scntativcs, double the amount of the said
debt or depn md, to be recovered with
costs of SUIT by an action Of trespass on
the case, in any court having cognizance
thereof.
Sec. E. Be it further enacted, That
the recognizance of bail to be taken as
is above provided, shall be in the fol-
lowing form, to wit:
Township, :
County, IS.
=" Whereas A B, (naming the defend
anti hath been arrested, and is in custo-
dy, at the suit of G d, (naming the
plaintiff, in an action of - for the
sum Cor property to the value) Of
now, therefore, you o P, (naming the
baiD do acknowledge yourself special
bail in the said action in the sum Of
dollars, to be levied upon your goods
and chattels, and for want thereof, upon
your body, if default be made in the con-
dition of your recognizance, which condi-
ton is, that the said A B (naming the
defendant) shall be and appear before
- (naning the justice) on the -
day of ----- next, and if judgment be
given against him or her, that he or she
shall pay the costs and condemnation
money, or surrender his or her body in
execution. Acknowledged before me
one of the justices of the peace
in and for the said county of - the
----- day of - in the year of our
Lord one thousand -
And every justicesSf the peace is
hereby empowered to take recognizance,
which shall remain with such Justice for
the benefit of the plaintiff in the suit;
and if the defendant does not appear,
after such recognizance ente1vl into, at
the time and place specified in the said
recognizance, and no sufficient reason
be assigned to the said Justice why he or
she does not appear, then the said justice
may proceed to hear and determine the
cause, in the absence of such defendant;
and when the parties to any suit, to be
instituted by virtue of this act, shall APP
pear at the time and place appointed for
trial, the said justice shall proceed to
hear and examine their respective allie
cations and proofs, and shall thereupon
give Judgment, with costs of suit, &C
cording to the justice and equity of the
case, unless he shall think it proper, on
application of either party to adjourn the
trial which adjournment shall not be
made for a longer period than seven days,
when moved for by the plaintiff, nor for
longer period than fourteen days, when
moved for by the defendant, except in
peculiar cases, where a longer continu-
ance may be necessary for either party
to obtain dispositions for which end the
said justices are hereby authorized upon
good cause shown, to issue dedimus,
returnable before himself, at such time
thereafter as he may think reasonably
necessary.
Sec. 7. Be it further enacted, That
when parties agree to enter without pro-
cess, before a Justice of the peace, any
action herein made recognizable before
them, such justice shall enter the same
on his docket, and shall proceed to judg
ment and execution, in the same manner
as though summons or warrant had
been issued, served and returned and
in all actions instituted by virtue of the
provisions herein contained, in which the
plaintiff shall be non-suited, discontinue
or withdraw his or her suit, without the
consent of the defendant, the said Justice
shall give judgment for the defendant
for the costs which have accrued.
Sec. 8. Be it further enacted, That if
in any cause instituted as aforesaid, it
shall appear at the trial that there is
balance due to the defendant from the
plaintiff, then the justice shall enter up
Judgment against the plaintiff, in favor of
the defendant, for the sum SO appearing
to be due, with costs of suit; and such
defendant shall be entitled to execution
in the same manner, as though such
plaintiff had been defendant in the suit.
Sec. 9. Be it further enacted, That
the parties in every case arising under
this act, shall have the privilege of re-
ferring the matter in controversy be-
tween them to referees, who shall be
chosen and mutually agreed on between
them, and who, after having heard the
proofs and allegations of the parties,
shall make their report in writing to the
justice, and the said justice shall receive
and file the same, and thereupon enter
Indictment accordingly.