Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1844-03-23

r.s,..ry 9Th, is,3. 4
rAc-rr,ox !. Be II enacitd By The Council
SH,.se of Representatives. of The Territory
i irr. That the jurisdiction Of all JUS
- of the peace, who have Teen or may
~,fier lie elected in this Territory, shall
:. su;ted as follows: Every action cogni-
s.ve before Justice Of the peace, ins.itut-
10 sumnons, shall be brought before
-: ;uaice Of the peace Of the township
.rsc;nct where the defendant resides:
y r;4d, That in case from any cause there
.s,.,d be no legal justice Of ihe peace in
- towuship or precinct where the defend
..ires;des, then the justice of any adjoin-
:-.tcwnship or precin;. in the same county
~ have jurisdiction in said township or
precinct. -, $3.50.
;:calr liaLle to suit residing in different
t,~nships or precincts, in The same county,
a. suit nay be brought in either against
a such persons.
SIC. 5. In every action instituted BY
..t,rhme,.t. the constable, or officer to
,,cm the same is directed, may serve the
s.ne in any township or precinct Of the
county, in which such action shall have been
instituted.
srr. 4. Executions shall beissuei and
.ryea as now provided Tor by law, but
sh.u be limited to the township or precinct
IN which the judgment upon winch II was
isned was rendered, except where the
| descniant has not property sufficient 10 sat
isfy the Judgment in such township or pre-
anc. subject to levy; and in such case ex-
, ecuiion may issue to any township or pre-
cnct in the county.
SEC. 5. When a suit shall he conmenc-
], sabesor- Justice Of the peace by warrant,
: u,co the return thereof, the defendant IN ~
Senv that the plaintiff had any good and
maicicnt reasons TO believe the facts and
allegations stated in the afidavit upon
rhich said warrant issued: which issue
sbzIl be tried as other issues before JUS
Gees are tried. If any f the essential al
levaiops so put in issue be found for tie
dejeadsnt. said plaintiff shall be adjndgcd
IA uuy al costs of suit: Pr ded, That if,
oathc said trial. it shall lie found tat any
thing is due said plaintif from said defend
aa. said plain if shall have judgment there
for without his costs.
Src. 6. TIE jurisdiction Of constabies,
IS conscryasors Of the peace and executive
e.scers. snail be co-extensivc with the Iju-
risdicion Il the justices of the peace OF the
respective townships or precincts in and
fr (which they may have been or shall here
der be elected or appointed.
Src. Z. II, in a suit of trespass upon
] ssy lands or tenements, the defendant shall
/ r<iy the trcspss by plea of tide. and en-
,z nforc-,ognizanee as required in cases
dEpcal, then the justice of the peace
kire whom such suit is tried Shall imme-
dasy stop al further proceedings in said
III. make an entry on his docket OF the
s.nc. and certify and return to the Dis ric
Csur. Of the county transcript of all thu
cnsirs made in his docket. together witt
n The process and other papers relating t
tie casc. which shall be filed therein il
he same manner, within the same time, ant
here to be determined as eases upon an ap
peal.
SEC. 6. That hereafter, when the &c.
sendant in suits Of attachment cannot b
summoned, and his property or effects shal
he attached, the plaintiff shall set up tie no
tees required By the eighth section of tn
eleventh article of the act to which this i
nendaosy, at least twenty days befor
Judgment, and the setting mp thereof ma
De proved by the affidavit Of the part
himself. or any other competent person.
SEC. 8. The sixth section of the frs
sticle of the act of which this is amend
sory is hereby modified and amended S
sn allow the township Of Bloomington
aMuscatine county, three justices of til
snee o..iy. and the township of Burlington
rDes MONIES county, and Fort Madison
alec county. shall elective justices OF tn
eaoe each. instead of four, as now above
b. law; and that an additional justice
lie peace shall be elected annually at til
ipril election in Linn township, Ceds
spuniy, who shall reside on the west sic
4 Cedar river, in said county.
Sc. 10. 1t shall be the duty Of ever
iustice Of the peace and constable, to pa
ssr all moneys that may come to the
Ands in consequence Of fines and pena
ses for violations OF law. to their tow
zip treasurer, or in counties not organl
I'd into townships 10 their county treasure
within thirty days of the time such fin
nd penalties shall come to their hands; al
upon failure so to dc, it shall be the du
4 any township or county officer to 81
Dr. and recover the same in the name
Ae township or county, in an action
ded, before any justice of the peace in t
me or an adjoining township or precin'
SIC. IL. Ii sach justice Of the pea
constable shall fail to pay over as afor
sd, il shall be lawful for any person &C
,aant thereof to file complaint, in I
aure OF an information, with the clerk
BE District Court, setting out the fact
nA delinquency and f-il,lre, and the Gle
all hereupon issue citation to such j.
n or constable, returnable to the nc
IN Of his District Court, to show cat
Wy the term Of his said Office shall j
.se; and II, upon an investigation of
ars, i shall be found that such officer
aed to pay over moneys as aforesaid,
al Be the duty Of the said court to {
IRE such Office forfeited and vacant, an
~ election shall take place as is prov
afu By law in cases Of vacancy.
Sc. IL. That whenever any per.
nan feel himself acyrieved bv the fail,