Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1844-03-12


made in good faith, and not for the purpose
of delay. ID. A recognizance entered into
by the party appealing, his agent..or attorney,
to the adverse party, in sum sufficient TO
secure such judgment and cost of appeal,
must be entered into, with one or more sure
ties, to be proved by the justice.
Sec. g. No acting justice of the peace
shall hereafter hold his Office in the same
room with any practicing attorney, unless
such attorney shall be his partner; and in
that case, such partner shall not be permit
ted to appear or practice as attorney in any
case tried before him.
Sec. 7. Section eight of an act entitled
Gan act to amendan act concerning justices
of the peace" approved January Sth, 1S40,
shall be So construed as TO permit the reno
val of a cause or trial from justice but once,
and no more; ard no cause or proceeding
shall be removed from before any justice of
the peace unless the application therefor be
made on the return day of the process, and
before any proceedings had on the part of
the defendant
Sec. 8. No copy of summons need be
left with the defendant where service Of
the same is made personally. unless it is
demanded by him; and unless so demand
ed, The officer serving such summons shall
not be entitled 10 fees for copy thereof.
Sec. 9. In addition to the cases in
which, as now provided by. law. creditors
may sue their debtors by attachment before
a justice of the peace, they may hereafter
do so whenever the debtor resides out Of
the county, and more than one hundred
miles from the residence Of the Justice be-
fore whom suit is brought; which facts shall
be set forth in the affidavit required TO be
filed with the Justice.
Sec 10. No final judgment shall be
rendered against any garnishee except in
cases of judgment by default, to pay or de-
liver to the creditor Of his debtor any other
article or thing, in any other manner, or
at any other time, than such garnishee
would be obligated to pay such debtor; and
whena yer final judgment except IN cases
of judgment by default is rendered against
any garnshee, it shall conform to the pro.
visions of this section.
Sec. IL. No garnishce shall be required
to give bond. as directed by the 2lst sec
ton of article ii Of the act Of which this
is amendatory, unless the Justice, after ex-
animation, shall be satisfied that due proof
has been made Of the facts required to be
set forth in the affidavit specified in section
IL Of said article.
Sec. -. Ii the plaintiff. in any.acton
of replevIn hereafter brought in the district
court shall recover any damages, he shall
recover costs, unless it shall appear by the
appraisal Of the property rep!evined that
such property was not worth seven and one
half dollars; in which case he shall recover
no costs.
Sec. 13. Justices of the pence hereafter
elected, shall hold their offices for two
years, and unJl their SUCCESSORS are duly
elected and qualifed-thcy shall be chosen
al the elections in 1914 as now provided
by law. and bennially thereafter, but when
ever vacancy occasioned by death, re,
moval, or resignation shall occur in the
office OF justice of the peace, such vacancy
may be filled at the next election, when by
law justices may be elected, bnt any JUS
tlce elected TO ill such vacancy, shall not
hold his office longer than the residue Of
the term Of his immediate predecessor.
Sec. IA. That sections 4, 5, 6, and Is,
Of article third; section 10, of article fourth;
section and 2 of article ninth; article l0th
and article 18th Of the act entitled ian act
concerning justices of the peace;" and sec
ton 81 Of the act entitled San act concern
ing costs and fees;" and all other acts and
parts of acts repugnant 10 the provision
ions of this act are hereby repealed.
Sec. ID. When the name of any de-
PENDANT is not known 10 the plaintiff suit
may be commenced against him by fic-
titious name. and it shall not be abated for
that cause, but may be amended on such
terms as the justice shall think reasonable.
Sec. Is. iii, appear on the trial Of any
cause before justice from the showing Of
either party, that the title to lands is in
question, which title shall be disputed by
the other party, the justice shall immedi-
ately make an entry thereof in his docket,
and cease all further proceedings in the
cause. and shall certify and return TO the
district court OF the county, transcript o!
all the entries made in his docket relating
TO the cause, together with all the process,
and other papers relating TO the suit in the
sane manner, and within the same time,
as upon an appeal, and thereupon the dis
trct court shall proceed in the cause to find
Judgment and execution, the same as if
said suit had been originally commenced
therein, and the costs shall abide the event
\ of this suit.
Sec. II. This act shall take effect on
the first day Of Aptil next.
APPROVED, January Both, 1874.
A Frozen WATERFALL.-The Cazeno