Bloomington herald. [volume] (Bloomington, I. T. [Iowa]) 1840-1849, 1844-03-29
JUSTICES, ACT.


AN Act amendalory 81 an act entitled can act
10 provide for The election Of Justices Of the
Peace, to prescribe their powers and duties,
and to regulate their proceedings" approved
Feb. 9th, 1s43.
SECTION. l. Be it enacted by the Council
and House Of Representatives Of the Territory
OF Iowa. That the jurisdiction Of all justices
OF the peace. who have been or may hereafter
be elected in this Territory shall be limited as
follows: Every action cognizable before JUS
tice Of the peace, instituted by summons shall
be brought before some Justice of the peace Of
the township or precinct where the defendant
resides: Provided. That 10 case from any
Gauge there should be no legal justice of the
peace in any township or precinct where the
defendant resides, then the justice of any adj
ininina tnwnshin or nrecinci. in the same coun.
" may have jurisdiction in said township or
precinct.
Sec. 2. If there are several persons jointly
or precincts, the same county,'the suit may
be brough, in either against all such persons.
Sec. 3. In every action Instituted by attach.
nent. the constable, or officer TO whom the
same is directed. may serve The same in any
township or precinct Of the county in which
such action shall have been instituted.
Sec. 4. Executions shall be issued and SER
we'd as now provided for by law but shall be
limited 10 the township or precinct in which
the judgment Upon which it was ISSUED was
rendered, except where the defendant has nct
property sufficient to satisfy the Judgment 10
such township or precinct. subject TO levy;
and in such case execution may issue to any
township or precinct in the county.
Sec. 5. When suit shall be commenced
before Justice Of the peace by warrant. upon
the return thereof, the defendant may deny ,ha,
the plaintiff had any good and sufficient rea-
sons 10 believe the facts and allegations stated
in the affidavit upon which such warrant iss-
ued which issue shall be tried as other iss-
ues before justices are tried. II any Of the es-
sen,ial allegations so put in issue be found for
the defendant, said plaintiff shall be a6judged
TO pay all costs Of suit: Provided, That IT. on
the said trial, it shall he found that anything
is due said plaintiff from said defendant, said
| plaintiff shall have judgment therefor without
| his costs.
Sec. 6. The jurisdiction of constables, as
conservators Of the peace ard xscutive officers,
shall be co-ex,ensive with the jurisdiction OF
the justices Of the peace Of the respective
townships or precincts in and for which they
NAV have been or shall hereafter be elected or
appointed.
Sec. 7. If, in suit Of trespass upon any
land or Ienements, the Defendant shall just-
fy the trespass by plea Of title, and enter into
| recognizance as required in cases Of appeal.
then the justice Of the peace before whom such
suit is tried shall Immediately stop all further
proceedings in said trial, make an entry on his
docket of the same and certify End return 10 the
District Court Of the county transcript OF all
the entries made in his docket, together with
all the process and other papers relating to the
case, which shall be filed therein in the same
manner within the same time, and there 10 be
determined as cases upon an appeal.
Sec. 8. That hereafter, when the defendant
in suits OF attachment cannot be summoned.
and his property or effects shall be attached.
the plaintiff shall setup the notices required
by the eight section of the elevent article OF the
act TO which this is amendatory, at least TWEEN.
" days before judgment, and the setting up
thereof may be proved by the affidavit Of the
| nariv himself. or any other complement ref-
Sec. 9. The sixth section Of the first article
Of the act to which this is amendatory is here
by modified and amended SO as TO allow the
township Of Bloomington, in Muscatine coun-
| ~. three justices OF the peace only, and Inc
township Of Burlington in Des MONIES county,
| and Fort Madison, in Lee county. shall eject
TWO justices Of the peace each, instead OF 'oor'
as now allowed by law; and that an addition
al ;us,;ce of the peace shall be elected annuai-
| " Al the April election in Linn township. Ce'
dar county. who shall reside on the west SIDE
| Of Cedar river, in said county.
Sec. 10. 1t shall be the duty OF every JUS
,ice Of the peace and constable. 10 pay over
all moneys that may come TO !heif na"us ;"
consequence Of fines and penal'les lot vlo'a-
lions IF law 10 their township treasurer ., :"
counties not organizedino townships 70 .ns''
county treasurer, within thl1ty nays y. '"o
iIsi 6aa cana and upon failure so to do, il shall
| be the duty Of any township or county otilcer
| 10 sue for and recover the same in the name OF
the township or county, in an action OF debt
! before apv Justice Of the peace in the same or
an adjoining township or precinct.
Sec. IL. If such justice Of the peace OF con.
| stable shall fail TO pay over as aioresa,o' II
shall be lawful for any person cognizant mere
Of TO file complaint in the nature OF a" ,n'ol'
nation. with the clerk Of the District Court.
setting out the fact of such delinquency ana
fa;lnre. and the clerk shall thereuPon issue
citation TO such Justice or constable, re'urna-
Nc RI the next term Of his District Court, 10
show cause why the term Of his said ONCE
shall not cease and if, upon an investisa.lon
| ne The facts. it shall be found that such othcer
has failed to pay over moneys as aIoresaiu' -
shall be the duty Of the said court to declare
| such office forfeited and vacant. and new
election shall take place as is provided Tor oy
| law in cases OF vacancy.
Sec. IL. That whenever any person snalI
feel himself aggrieved by the failure OF any
Justice Of the peace 70 pay over money co" 81.
ted in any civil suit, OF which mas come - %s
hands as Justice of the peace. after due oe-
mand thereof [hel may file his complaint 10
tho same manner, and the came proceedings
."o sou - ,,,ov;ded FIR in section twelve Of