The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-06-29

discharge the duties of his office, or shall
reside more than ten miles distant from the
place where the dead body of any person
supposed to have come to his or her death
by violence or casualty, may be found,
any justice of the peace of the county.
shall be vested with all the powers, and
shall perform all and singular the duties
aPpertaining to the Office Of coroner, so
far as it respects the power and duty of
coroner to hold inquisition over any dead
body found as aforesaid. And when act
ing in the capacity of coroner, every
such justice shall be entitled to the same
fees as are or may be allowed by law to
coroners in such cases.
9. Justices shall have jurisdiction in
actions for trespass on real estate, where
the damages demanded for such trespass
shall not exceed one hundNd dollars, and
no claim Of title to such real estate set up
by the defendant, shall take away, or af-
feet the Jurisdiction hereby given.
10. Justices shall not have cogni-
zance Of any action:
1. To recover damages for an assault,
or assault and battery; or
9. In any action for malicious prose-
cution; or
8. In actions against justices of the
peace, or other officers for miscon duct in
office, except in the cases provided for in
this act; or
A.. In actions for SANDER, verbal or
written; or
5. In actions on contracts for real
estate; or
In al, Al
estate is sought to be recovered. or may
be drawn in question, except actions Of
trespass on real estate, which are provided
for in this act
ARTICLE II.
OF THE COMMENCEMENT OF SUITS, SERVICE
AND RETURN OF PROCESS, AND PROCEED
1NGs IN ARREST AND ATTACHMENT.
IL. Actions before justices Of the
peace are commenced by summons. or by
the appearance and agreement of the par
ties without summons. In the former, the
action is deemed commenced upon deliv-
cry of the wrttl the constable to be sery.
ed, and he shall note thereon the time of
receiving the same. In the latter case, the
action is deemed commenced at the time
Of docketing the case.
l2. When a guardian to the suit is
necessary, he must be appointed by the
Justice, as follows:
l, lfthe infant be plaintiff. the appoint
ment must be made before the summons is
issued. upon the application OF the intent
il ne be Of the age of fourteen years or
upwards; if under that age, upon the ap-
plication of some friend.
The consent in writing Of the guardian
to be appointed, and to be responsible for
costs il he fail in the action, must be filed
with the justice.
2. If the infant be defendant, the guar
dian must be appointed before the trial.
1t is the right Of the infant to nominate his
own guardian if the infant be over four
teen years OF age and the proposed guar
be appointed. Otherwise the justice may
appoint any suitable person who gives
such consent.
| 13. The style Of the summons shall
be, "The State of Ohio. - county,
it shall be dated the day it is issued, sign.
ed by the Justice issuing the same, direct.
Il ed to constable of the proper township
Except in case person be deputed to
serve it., in which case it shall be directed
to such person. must contain the name OF
names of the defendant or defendants, i
known. if unknown, give description o
him or them, and command the officer Of
defendant or, defendants to appear before
such justice at his Office in - township
at time specified therein, and must de
scribe the plaintiffs cause of action ir
/ such general terms as 10 apprise the defen
dant of the nature Of the claim agains
him, and there shall be endorsed on th,
: writ the amount for which the plaintiff
viii take judgment if the defendant fai
to appear. Ifthe defendant fail to appear
judgment shall not be rendered for large
amour and the costs.
: ; IA. The summons must be returns
; BILE not more than twelve days from it
date, and must, unless accompanied will
an order to arrest, be served at least thre,
, days before the time of appearance, a
+ follows:
5 1. By delivering a copy of the sum
mons with the endorsement thereon, (cer
! tilted by the constable, or person serving
the same to be a true copy to the defen
-, dant, or leaving the same at his usua
place of residence.
2. An acknowledgment on the back o
the summons, or the voluntary appearance
r Of defendant, is equivalent to service.
Is. A summons against a corpora
ton may be served upon the president
mayor, chairman Of the board of directors
or trustees, or other chief officer; or, if it
chief officer is not found in the county
upon its cashier, treasurer, secretary, clerk
, or managing agent; or, il none OF the afore
said officers can be found, by a copy lef
at the office, or usual place of business o
7 such corporation, with the person having
I, charge thereof,
II 49, Where the defendant is an in
) corporated insurance company, and the
: action is brought in county, in which
} there is an agency thereof, the service may
J be upon the chief officer of such agency
s : II, Where the defendant isa foreign
corporation, having a managing agent il
) this State, the service may be upon sucl
agent.
/ s 18. When the defendant is a mino
: under the age of fourteen years, the ser