The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-07-20
tice before whom the summons was return.

ice before whom the summons was return Ii
able must resume jurisdiction. II
ell. The summons, execution, and
every other paper made or issued by a
Justice, must be filled up without blank
to be filled by another, otherwise it is void.
3 zig. A justice at the request Of q
party, and on being satisfied that it is ex.
pediant. may. specially depute any dis
Greet person Of suitable age, and not in
terested in the action, to serve q summons
or execution, with or without an order 10
arrest the defendant or to attach property.
Such deputa,ion must be in writing on the
process.
; 2l3. The person SO deputed has the
authority of constable in relation to the
service, execution and return of such pro-
cess, and is subject to the Same obliga.
tons, but there can be no fee for his ser.
vices taxed in the bill of costs.
! 2l4. A justice may punish, as for
contempt, persons guilty Of the following
acts, and no others:
l.. Disorderly, contemptuous, or inso-
lent behavior toward the justice, tending
to interrupt the due course of trial or
other Judicial proceeding before him:
2. A breach of the peace. boisterous
conduct. or violent disturbances. tending to
interrupt the due course of trial or other
judicial proceeding:
3. Wilful resistance in the presence
Of the justice. to the execution of lawful
order or process made or issued by him.
} 215. A warrant Of arrest may be is.
sued by such justice, on which the person
so guilty may be arrested and brought be-
fore the justice. when an opportunity to be
heard in his defence or excuse must be
given. The justice may thereupon dis
! charge him. or may convict him for the Of
fence, and adjudge punishment by fine
or Imprisonment, or both; such fine not to
exceed twenty dollars, and such imprison
ment ten days.
3 2l6. The conviction. specifying par.
ticuiarly the offence and the judgment
thereon, mus! be entered in his docket; a
warrant Of commitment to the Jail Of the
county until the fine be paid, or for the
term of Imprisonment, may then be issued;
such warrant must contain transcript OF
the entry in the docket, and the same must
be executed by any constable to whom il
may be given, and by the jailor of the
county.
cit. When a person intending to
bring an action before justice of the peace
is nonresident of the township in which
he intends to commence such action, the
Justice may. previous to his issuing pro-
cess, require such person to give security
for the costs of suit. which may be done
by depositing sum Of money deemed by
the justice to be sufficient to discharge the
costs that may accrue in the action. or by
giving an undertaking with surely approx
ed by the justice, payable to the adverse
party. for the payment Of all costs that may
accrue in the action.
| 2l8. If any plaintiff or plaintiffs az
ter commencing an action before a justice
in the township in which he or they reside
remove out OF the county, the justice may
require such plaintiff or plaintiffs to depos
it sum Of money equal to the costs tha,
have accrued and that probably will nc
crue, or require in place thereof that such
tparty give sufficient surety for all costs
which have accrued or which may accrue
IN the action, and in default to do either
shall enter nonsuit against the plaintiff o,
plaintiffs.
: 2i9. That in all actions Instituted
before justice Of the peace founded up.
On any bond. sealed bill. promissory note
or other instrument Of writing for the pay.
tment Of q sum Of money certain. upon
which the whole amount Of money therein
promised is due. il shall be the duty of the
plaintiff. his agent or attorney. 10 file said
bond. sealed bill, promisory note. or other
written evidence of Indebtedness. upon
which such suit is brought with such jus
dce Of the peace; and if upon the trial
Judgment shall be entered thereon. in ia
vor OF the plaintiff. such bond. sealed bill
promissory note, or instrument Of writing
shall be retained by the justice so render.
4 ing judgment. who shall endorse thereon
the sum for which he shall have entered
Judgment, (proylded the same shall in no
wise exceed one hundred dollars. unless
Judgment thereon shall have been confes
sed. and shall subscribe his name thereto
And upon payment or tender ofthe amount
of such payment, together with the costs
accruing thereon. or securing the payment
of the same by putting in bail for the stay
Of execution. it shall not be lawful for the
plaintiff to institute any other suit or suits
upon said bond. sealed bill, promissory
note, or other instrument Of writing, for the
recovery of any farther sum or sums. the
payment OF which is secured by the same
bond. sealed bill. promissory note. or 9th.
er written evidence Of indebtedness: Pro
uided. that when an appeal shall be taken
from the judgment of such justice, it shal
be his duty to deliver or transmit any bond
sealed bill, promissory note, or other writ
ten evidence produced before him on trial
to the clerk Of the court of common pleas
to which such cause shall have been Rp
pealed, on or before the second day OF the
term of the court next after taking such ap
peal: Provided, also, that nothing here
IiE Contained shall be construed to lessen
or in any wise affect the right which any
creditor now have TO demand from any
Justice Of the peace. any joint and severa
obligations for the purpose Of prosecuting
any party TO said obligation other thanihe
party against whom judgment may have
been rendered.
i geo. II shall not be lawful for any
Justice Of the peace to purchase any judg
ment upon any docket in his possession