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

Justices Of the Peace.
Sec. |. BE ii enacted by the feohie Of
the state Of Illinois, Represented IN The
General .daaembfy, That the justices of
the peace respectively in each county in
this state shall have jurisdiction over all
debts and demands of one hundred dol
lars, where the amount or balance is due
on any contract, specially, note or agree
lnent, or for goods, wares and merchan-
disc sold and delivered, or for work or
labor done, or for any specific article or
articles, whether due by obligation, note
Or assumpslt, or on account of any sum
or sums of money not exceeding one
hundred dollars. Provided nevertheless,
That at any time previous to Judgment,
either plaintiff or defendant may signify
his intention to submit the case to the
decision Of a jury: Provided, The mat
ter in controversy exceed twenty dollars.
And it shall be the duty of the Justice to
issue his writ to the constable of the
township, commanding him to cause
iary of six Tor twelve if less number
should be objected to by either Of the
parties) re, AbiG householders to be
empannelled as soon as may be, adjourn
ing the cause for one, two, or three days
for that purpose if necessary, and such
Jury shall be cmpaDnelled and sworn in
the same manner, and be entitled to the
same fees that are or may be provided
by law for jurors in the circuit court.
Sec. ., BE it further enacted, That
the first process which shall be issued
against any defendant, by virtue of this
act, shall be a summons or warrant, in
nature of cahias al reshondendun1, as
the case may require and the summons
shall be used IN every case under this
act, where the defendant is freeholder
within the county, and resides therein;
and the summons to be issued as afore-
said, shall specify a certain time not less
than six nor more thea ten days from the
date of such process and also certain
place at which the defendant is to ap-
pear; and shall be served at least three
days before the time Of appearance men
toned therein, by reading the same to
the defendant, and serving him or her
with copy thereof, if required, when
the defendant may be found, but if he CT
she cannot be found then by leaving a
copy thereof at his or her house, or place
of abode, in presence of some person Of
the family, of the age Of ten years, or
upwards, who shall be informed of the
contents thereof; and the constable serv-
ing such summons, shall, on the oath Of
his Office, endorse thereon the time and
manner of his executing the same, and
shall subscribe his name thereto: Pro-
Yided always, That in every case in
which summons is made the proper
process, by this act, if it shall be sutfi-
GENTLY proved on oath, to the satisfac-
ton of the justice, that the plaintiff will
be in danger of losing his or her demand,
unless the defendant be arrested, it shall
be the duty of the justice to issue war
rant, in the nature of capias, any thing
herein contained to the contrary notwith-
standing.
Sec. 8. Be it further enacted That if
the defendant does not appear at the time
and place expressed in such summons,
and it shall be found, by the return there
on endorsed, that the summons was duly
served, and no sufficient reason be as
signed to the Justice why the defendant
does not appear; then the said justice
may proceed to hear and determine such
cause, in the absence the said defendant.
Sec. 4. BE it FURTHER enacted, That
the warrant in nature of cahias ad re-
ehondendum, shall be used in all cases
under this act, in which the defendant is
not freebooter within the county, and
the constable serving or executing the
same, shall, according to the command
thereof, forthwith convey the defendant
before the Justice who issued the same,
and the said justice shall thereupon Ell
Their cause the defendant to give bail for
his or her appearing and abiding the
event of the said suit; or on neglect or
refusal to give such bail, shall order the
constable to convey him or her to the
Jail of the county, except as hereinafter
provided, there to be kept in custody,
antil the time appointed for the trial of
the cause, which shall not exceed three
h days from the day of the return of the
warrant, or the justice may direct the
constable to hold the defendant in custo-
dy until the plaintiff shall have notice
and time to attend and proceed to trial ;
and the constable who served such war
rant shall, on the oath of his office, en-
dorse thereon the execution thereof, and
sign his name thereto.
Sec. S. Be it further enacted, That
the Justice shall endorse on the sum