Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1853-07-19
y LAWS OF OHIO.
Published by Authority.
.ra AN ACT

.-af uies8 AN ACT
or Jurisdiction and Procedure before Jus,.
as ces tf the Peace, and OF the duties OF
Cons,ables in Civil Cases. ... .''a" 70
d. ...tsu ARTICLE |.
OF THE JURISDICTION OF JUSTICES OF THE
PEACE. a"' .
~ Be il enacted by the General Assembly Of
oithe State of Ohio; Sec I. The Jurisdiction
q Of Justices Of tho Peace in civil cases shall,
unless otherwise dirGcled by law, be limited
to the township whorein they may have
been elected, and where they shall reside.
Soc. Q. Justices Of the Peace within and
sco,extensive with their respective counlies.
shall have jurisdiction and authority:
I. To administer an oath or affirmation
I authorized or required by law TO be ad.
& eaninis,ered: .gle-l oel N szt
.,.g 2,ylTo iake the acknowledges OF
G. deeds. mortgages, and other instruments Of
writing: t aag lH A"
8. To solemnize marriages:
4. To issue subpoena for witnesses, and
coerce their attendance in causes or matters
pending before them, or other cause or mat
ter wherein they may be required 10 lake
deposidons. s.r .".. .a'
ssa 5. To ny the ac,ion for the forcible entry
and detention, or the de,erton only, Of real
properly:
6. To proceed against security for costs
and bail for The slny Of execution on their
dockels: 't.E ......
Z. To issue attachment, and TO proceed
agains, The goods and effects Of debtors in
certain cases:
s. To issue executions ON judgments rem.
dered by ,hem
. 9. To proceed against Consiables failing
TO make return, making false return, or fail.
ing to pay over money collected on execu.
ton issued by such Justice:
10. To Try the right of claimant TO prop.
ery taken ir execution or on attachment:
Judge in the trial of contested elections of
Justices Of the Peace.
Sec. 8. No householder or freeholder res
iden, Of the county, shall be held 10 answer
any summons issued against him by Jus.
tice, in civil matter, in any township Of
such county olher than the one where he
shall reside, except in the cases following:
l. Where there shall be no Justice of the
Pence for the township in which the defend
ant may reside; or
2. Where The only Justice residing therein
is interested in the controversy; or
8. Where he shall be related, as father,
erin-aw. son, son.n.law, brother, broth.
el.in.Iaw, guardian, ward, uncle, nephew, or
cousin, 10 either Of the parties, and there is
no justice in the township competent 10 try
the cause. In the foregoing excepted cases,
the action may be brought before any jus.
,ice Of an adjoining township Of the same
county, and the justice shall state on his
dockel the reason Of his ,aking jurisdiction
4. Where The summons is accompanied
with an order to attach property, the juris.
diclon shall be co.extensive with the coun-
~:
8. When two or more persons shall be
jointly, or jointly and severally bound in
any deb, or contract, or otherwise jointly
liable in the same action, and reside in diff.
leient townships Of the same county, the
plaintiff may commence his action before
justice of the township in which any Of the
persons liable reside, excep, that in join. nc
lons agains, the makers and endorsers Of
notes, due.bils, or bills of exchange, the
action shall be commenced in the township
where one Of The original makers, drawers,
or endorsers reside, and if 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, before the JUS
Iice shall take jurisdiction, the plaintiff. OF
some person for him, shall file an affidavit
setting forth that acI: #... ..' ~
6. In cases or tresPass, 10 real or personal
property, ii shall be lawful to bring the ac
ZION in the township where The wespass was
commii,ed, or in the township where Iht
Irespasser, or any one of several trespassers
reside. .. ... ..
Sec. T. Under the restrictions and limila
lions herein provided, justices Of the peace
shall have cognizance Of any sum not ex
ceeding one hundred dollars. ....
Sec. 5. When The balance claimed 10 b.
due on any open or unsettled account, OF oil
any bill, note. or bond, shall be less thar
one hundred dollars, tho party by whom
such balance shall be claimed, may com
mence his action therefor before justice o
the peace: who shall have power, and he i
hereby oulhorized 10 hear and determine tn
matters in controversy wiIhou, regard TO tn
amount Of the original account or contract
and he may render judgment for any ba
ance found due, not exceeding one hundre
dollers, and il any plaintiff appeal from
judgment entered in his favor for such ba
auce, and shall recover pdgmen. for sur
greater than one hundred dollars, beside
inleres, and costs, he shall not recover cos
on such appeal.
Sec. 6. In actions founded upon an III
deraking given in pursuance Of law in an
civil proceeding pending before justic
such justice or his successor in office, sha
have jurisdiction CO. extensive with his cou
~. and where the sum due or demanded o
such undertaking exceeds one hundred dc
lars, the jurisdiction shall be concurrent wi
The court Of common pleas Of the prop
county. .an.. ~
Sec. Z. If any debtor shall appear belo
Justice Of the Peace withou. process. al
confess that he is indebted to another,
shall be lawful for such justice, on the
plicaiion Of the creditor, 10 render judgme
on such confession against the debtor
any sum not exceeding two hundred dC
lars. .rp..
Sec. 8. Whenever the office Of coron