The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1853-07-01
Law s. OF OHIO.
PUmLlsFrED mY AUTHORITY.
mo. 1871


cav g mo. l5.l 3aee'
AN ACT OF Jurisdiction and Procedure
before Justices Of the Peace, and Of
the duties Of Conslables in Civil Cases.
H5A.F ARTICLE I.
% TINE JuRTsD1cTfoN OF JUSTICES OF THE
PEACE.
Be il enacted by the General Assembly
Of the State Of Ohio: Sec. l. The juiis>
diction Of Justices Of the Peace in civil
cases shall, unless otherwise directed by
law, be limited to The township wherein
ihey may have been elected, and where
they shall reside.
Sec. 2. Justices Of the Peace within
and co-exlensive with their respective
counties, shall have jurisdiction and
authority:
l-.-To administer any oath or affirma-
tion authorized or required by law to be
administered:
2--To take the acknowledgment Of
deeds, mortgages, and other instruments
Of writing:
4-To issue subpoena for witnesses
and coerce their attendance in causes or
matters pehding before them, or other
cause or matter wherein they may be
required 10 take depositions:
5--To try the action for the forcible
entry and detention, or the detention
only, Of real property:
"6-To proceed sgainst security for
costs and bail for the stay Of execution
on their dockets:
TO issue attachment and proceed
against tho goods and effects Of debtors
an certain cases:
$50 issue executions on judgments
rendered by them:
9-To proceed agains, cons,ables fail
ing to make return, making false return,
or failing to pay over money collected on
execution issued by such Justice:
l0--To Try the right Of the claimant to
property taken in execution or on attach.
ment:
Ito act in the absence Of the
Probate Judge in the trial of contested
elections Of Justices Of the Peace.
Sec. 8. No householder OF freeholder
resident Of the county, shall be held 10
answer any summons issued against him
by Justice, in civil matter, in any
township Of Sdch county other than the
one where he shall reside, except in the
cases following:
l--WheFe there shall be no Justice Of
the Peace for the township in which the
defendant may reside; or
2--Where the only Justice residing
therein is interested in the controversy; ov
S--Where he shall be related, as
father, faiher.in-law, son, son-ia>law,
brother, brotheT-in-law, guardian, ward,
uncle, nephew, or cousin, TO either Of
che parties, and there is no justice in The
township competent to try the cause. In
the foregoing excepted cases, the action
may be brought before any justice Of an
adjoining township Of the same county,
and the justice shall state on bis docket
the reason Of bis taking jurisdiction:
4--Where the summons is accom-
panied with an order 10 attach property,
the Jurisdiction shall be co,extensive with
the county:
5--When two or more persons shall
be jointly, or jointly and severally bound
in any debt or contract, or Otherwise
jointly liable in the same action, and
reside in different townships Of tho same
county, the plaintiff may commence his
sction before justice Of the township in
which any OF the persons liable reside,
except that in joint actions against the
makers and endorsers Of notes, due>bills,
OF bills Of exchange, the action shall be
commenced in the township where one
OF the original makers. drawers or en-
dorsers reside, and il il be claimed by
the plaintiff that an endorser endorsed
the note or bill at the time il was made,
and the jurisdiction depend thereon, be-
fore the justice shall take jurisdiction,
the plaintiff, or some person for him,
shall file an affidavit setting forth that
fact:
Gin cases Of trespass, to real or per-
bOuat pIOpoBtys u sudii % iaWiui W uiiuS
. the action in the township where the
asespass was committed, or in the town.
ship where the trespasser, or any one Of
several .rcspassers reside.
Sec. A. Under the restrictions and
limitations herein provided, justices Of
the peace shall have cognizance Of any
sum not exceeding one hundred dollars.
Sec. s. When the balance claimed 10
DO due on any open or unsettled account,
or on any bill, note, OF bond, shall be less
than one hundred dollsrs, the party by
whom such balance shall be claimed,
may commence his action therefor before
q justice Of the peace: who shall have
power and he is hereby authorized to
hear and determine the matters in con.
tFoyersy without regard 10 the amount Of
the original account OF contract, and be
may render Judgment for tDy balance
found due, not exceeding one hundred
dollars, aud if any plaintiff appel from a
judgment entered in his favor for such
-. r.