Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-07-14


tered under the title of the action to
which they relate, and at the time when
r occurTed-(ex except that bills of excep-
! tons, in regard to the ruling on ques-
tons of law or evidence, need not be
entered until after the judgment, un-
: less required by the Justice or one Of
2 the parties.) Such entries in a Justices
docket, or transcript thereof, certified
f by the Justice or his successor in Office,
f shall be evidence to prove the facts
stated therein.
Sec. 905. A Justice must keep an
, alphabetical index to his docket, in
i which must be entered the names of the
parties to each judgment, with reference
to the page of the entry; the names Of
the plaintiffs must be entered in the
f index in the alphabetical order of the
first letter of the family names; he
shall number the cases progressively
upon his docket, and shall correspond
ingly number the papers in each case;
he shall keep the entire papers in each
action together, and in packages of a
proper and convenient size, and in the
order in which the cases are numbered
on his docket.
Sec. 2O6. 1t is the duty of every
Justice upon the expiration of his term
of Office, to deposit with his successor,
his official docket, as well his own as
those of his predecessors, which may
be in his custody, together with all files
and papers, laws and statutes, pertaining
to his Office, there to be kept as public
records and property. If there be no
successor elected and qualified, or if
the office become vacant by death, re-
moval from the township or otherwise
before his successor is elected and
qualified, the dockets and papers in the
possession of such Justice must be
deposited with the nearest Justice in
the township, if any there be, and if
there be none, then with the nearest in
the county, there to be kept until a
successor shall be chosen and qualified,
then to be delivered over to such success
sor on request.
Sec. 2O7. A Justice receiving by sue
cession, or on deposit, any such docket,
papers and laws, shall, if requested,
give receipt therefor to the person
from whom he receives the same.
Sec. 209. The Justice with whom
the docket of another may be de-
posted, either during a vacancy, or as
the successor is hereby authorized,
while having such docket legally in his
possession, to issue execution on any
| Judgment there entered, and unsatisfed,
and not docketed in the court of COM
mon pleas, in the same manner and with
the same effect as the Justice by whom
the Judgment was redered, might have
done; to take bail in appeal, or for stay
of execution, to issue certified tran
scripts of judgments on such docket,
and proceed in all cases in like manner,
as if the same had been originally had,
or instituted before him.
Sec. 2O9. When two or more JUS
tees are equally entitled to be deemed
the successor in Office of Justice, the
trustees of the township shall designate
which Justice is to be deemed the sue
cussor of the Justice going out of Of
fee, or whose Office has become vacant,
and shall enter certificate in the last
docket Of the Justice going out of Office
or whose Office is vacant, of their deter
mination, before the same is delivered
to such successor.
Sec. 21O. In case of the sickness or
other disability or necessary absence of
Justice at the time appointed for trial,
another Justice of the same township
may, at his request, attend in his behalf,
and shall thereupon become vested with
the power for the time being of the
Justice before whom the summons was
returnable. In that case the proper
entry of the proceedings before the at
tending Justice, subscribed by him,
must be made in the docket of the JUS
tice before whom the writ was returna
ble If the case be adjourned the JUS
tice before whom the summons was re-
turnable must resume jurisdiction.
Sec. 211. The summons, execution,
and every other paper made or issued
by Justice, must be filled up without
blank to be filed by another, otherwise
it is void.
Sec. gig. A Justice at the request of
party, and on being satisfied that it is
expedient, may specially depute any
discreet person of suitable age, and not
interested in the action, to serve sum-
mons or execution, with or without an
order to arrest the defendant or to at
tach property. Such deputation must
be in writing on the process.
Sec. 913. The person so deputed has
the authority of constable in relation
to the service, execution and return of
such process, and is subject to the same
obligations, but there can be no fee for
his services taxed in the bill of costs.
Sec. GA. A justice may punish, as
for contempt, persons guilty of the
following acts, and no others:
i 1-Disorderly, contemptuous, or in
solent behavior towards the Justice,
tending to interrupt the due course of
trial or other Judicial proceeding before
! him:
]. "a breach of the peace, boisterous
conduct, or violent disturbance, tending
: to interrupt the due course of trial or
/ other judicial proceedino: