The Lancaster gazette. (Lancaster, Ohio) 1846-1852, 1849-06-08
May 90, 1s49.

| =
May %, 1s49.
AN ACT
To amend the act defining the powers and duties
ofjustices OF ihe peace aud cunstabes. in civil
cases.
SEC. l. Be IL enacted By HE General
assembly of the State Of Ohio. That if
any plaintiff or plaintiffs shall, after the
commencement ofan action before Jus.
tice of the peace. of the township in
which he she or they may reside, remove
out of the said township before final iudg.
ment, the said justice shall require of The
plaintiff or plaintiffs to deposite with him,
the said justice, sum of money equal to
the amount of costs which have accrued,
and which may probably accrue. or re-
qure ofthe plaintiff or plaintiffs a suffi-
cient surety, resident Of the township,
for all the costs which have accrued, and
which may accrue, such suretyship to be
eviednced by an acknowledgement there
ofupon the docket oflhe said justice of the
peace, or in case of the failure to do eli.
ther. shall enter judgment of non-suit a.
gainst the said plaintiff or plaintiffs.
SEC. 2. That upon all writs of scire
facias, sued out before any justice Of the
peace, 10 make any person a party to
judgement already obtained against one
or more of The joint contracting parties,
he shall have the right 10 make any de.
fence which he might have made had
he been served with process and made
party to- The original action.
SEC. 3. This act TO take effect from
and after the first day of June next.
JOHN G. BRESLIN,
Speaker House Reps.
BREWSTER RANDALL,
Speaker ofMe Senate.
March 90, 1S49.
= AN ACT
To regulate proceedings before Justices Of the
peace.
} SEC. /. Be it enacted By tie General
+ assembly ofMe State Of Ohio, That in
all complaints of forcibIe detainer or OF
forcible entry and detainer before any
; justice of the peace, whether tried by iu.
J ry or otherwise, either party shall have
the right to except To the opinion of the
Justice upon any question of law arising
in the trial Of the complaint. and when
either party shall allege such exception,
it shall be the duty of the justice to sign
and seal bill containing the same, iftru-
ly alleged, with the point decided. and
to make the said bill part of the record in
the cause.
SEC. 9. That in all cases Of summary
conviction before Justices df the peace, or
before the mayor or other magistrate of
any incorporated city or town. panisha-
BILE by fine or imprisonment, the party or
parties defendant. shall have the same
right to except to allege exceptions, and
to have bill containing the same, sign.
ed and sealed by such justice oflhe peace
mayor or Other magistrate. and made part
of the record. as is provided for either
party in the first section of this act, and
all such judgments of conviction may be
examined 10y the court Of common pleas
aud the supreme court upon writs of GER
tiorari, aud reversed or affirmed, as right
and justice may demand.
SEC. 8. That for signing aud sealing
such bin OF exception, justices Of the
peace, mayors anL other magistrates
shall be allowed the sum of ten cents. anc
for copying and certifying the same, al
the rate often cents for every hundred
; worGs so copied, to he taxed in the cos
bill, and collected in like manner as Other
costs are now by law collected.
SIC. A. Whenever a justice of the
peace shall he elected TO fill vacancy
=, he shall call upon the township clerk fol
/ the criminal docket Of his predecessor
! and the unoccupied pages ofthe book for
the entry Of causes, agreeably To tho pro-
visions Of the act upon that subject, pass
! ed March T. 1912.
SEC. s, Upon vacancy happening IN
the office of a Justice of tho peace 1t
; shall be the duty Of the person IN whose
posse ssion or control his docket may be,
to deliver the same io the township
clerk, who shall make and certify tran.
scripts thereof for any person entitled IL
and applying therefor, until the vacancy
be filled, when he shall deliver such