Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-07-23


rupt the due course Of trial or other judicial
proceeding:
3-Wi!ful resistance in the presence of the
Justice, to the execution Of lawful order or
process made or issued by him.
Sec. 215. A warrant of arrest may be is
sued by such justice, on which the person so
guilty may be arrested and brought before
the justice, when an opportunity TO be heard
in his defence or excuse may be given. The
justice may thereupon discharge him, or may
convict him for the offence, and adjudge a
punishment by fine or Imprisonment, or both; ;
such fine not to exceed twenty dollars, and
such imprisonment ten days.
Sec. 2l6. The conviction, specifying partic-
ularly the offence and the judgment thereon,
aaust be entered in his docket; warrant Of
commitment to tie jail Of the county until the
fine be paid, or for the term of imprisonment,
may then be issued; such warrant must con-
tain transcript of the entry in the docket,
and the same mast be executed by any con-
stable to whom il may be given and by the
jaor Of the county.
Sec 2l7. When person intending to bring
an action before justice of the peace is
nonresident Of the township in which he ia
tends to commence such action, the justice
may, previous to his issuing process, require
such person to give security for the costs oil
suit, which may be done by depositing a sum
of money deemed by the justice to be sutfi-
cient to discharge the costs that may accrue
in the action, or by giving an undertaking
with surety approved by the justice, payable
to the adverse party, for the payment OF all
costs that may accrue in the action.
Sec. 218. If any plaintiff or plaintiffs after
commencing an action before a justice in the
township in which be or they reside, remove
out of the county, the justice may require
such plaintiff or plaintiffs to deposit sum of
money equal to the costs that have accrued
and that probably will accrue, or require in
place thereof that such party give sufficient
surety for all costs which have accrued or
which may accrue in the action and in default
to do either shall enter nonsut against the
plaintiff or plaintiffs
Sec. 2I9 That in all actions instituted be-
fore justice of the peace founded upon any
bond, sealed bill, promissory note or other IN
strRment of writing for the payment Of sum
Of money certain, upon which the whole a
mount of money therein promised is DUE it
shall be the duty of the plaintiff, his agent,
or attorney, to fle said bond, sealed bill.
promissory note, or other written evidence oi
Indebtedness, upon which such suit IS brought
with such justice of the peace; and If upon
the trial. judgment shall be entered thereon,
in favor of the plaintiff, such bond, sealed bill
promisory note, or instrument OF writing shal
be retained by the justice SO rendering judg
ment, who shall endorse thereon the sum to
which he shall have entered judgment, (pro
yided the same ahall in no wise exceed ont
J hundred dollars, unless judgment thereon
} shall have been confesscd,) and shall sub
scibe his name thereto. And upon paymen
or tender Of the amount of such payment to
gether with the costs accruing thereon, or Sc
} curing the payment of the same by putting II
bail for the stay of execution, it shall not b.
lawful for the plaintiff to institute any othe
suit or suits upon said bond, sealed bill, prom
. isory note, or other instrument OF writing, 10
the recovery of any farther sum or sums, tn
: payment of which is secured by the sam
e bond, sealed bill, promissory note, or otbe
written evidence of Indebtedness; Provided
: that when an appeal shall be taken from tn
g Judgment of such justice, it shall be his dut
: to deliver or transmit any bond, sealed bil
n promissory note or other written evidence pre-
= duced before him on trial to the clerk of th
It court Of common pleas, to which such caus
n shall have been appealed on or before the SCI
S ond day of the term of the court next afte
+ taking such appeal: Provided, also. thu
J. nothing herein contained shall be construe
d to lesson or in any wise affect the right whlc
d any creditor now has TO demand from an
e justice of the peace, any joint and several OF
d legations for the purpose Of posecuting an
party to said obligation other than the part
e against whom judgment may have been rel
Or dered.
A. Sec. 220. tt shall not be lawful for ar
,e Justice of the peace to purchase any jud
At ment upon any docket in his possession, al
t, for so doing for every such offence such ju
et tice shall forfeit and pay sum not more thf
{. fifty nor less than ten dollars to be recovere
e by an action before any court having jurisdi
ton thereof, and when collected shall be pa
~ into the treasury Of the township where sue
~ offence was committed.
of Sec. 22l. The provisions of this act do n
u u apply to proceedings in actions or suits pc
. ding when it takes effect. They shall b
Of conducted to final judgment and determin
,s ton in allrespects as if it had not been ado
Of ted.