The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-07-20
oFTHE JURIsDkeTi6St6 nTf5StG OF JUSTICES THE


Stale OF Ohio: Sec. L. The Jurisdiction OF Justice
OF the Peace in ciye cases shall, unless otherwise
directed by law, be limited 10 the township Wnercli
they may have been elected, anu where hey shai
reside. #.r
See 3 Justices of the Peace within and co-exten
sve with their respective countless shall have JuTl5
dictiln and authority;
Ito administer any oath or nlIirms,iln author
lied or required by law to be adnlnlsteTed;
2-TO take the acknowledgment VI deeIsi mort
cages aud other instruments oI "riting;
$50 sOlemnize marrlges;
Ito issue subpGna for witnesses and coerct
their attendance il causes or matters pending OeiJTt
them or other cause matter wherein they may bt
required To taiGs deposlil3ns:
$50 try the action the torcl5lc entry and de-
tention only, OF real property;
6-Io proceed against security for costs and bal
for the stay of execution on their dockets:
To issue attachmG mt and proceed against the
goods and effects OfdeDtOrs il certain cases:
$40 issue executions on Judgments rendered
by ihsn
9-To proceed against constqblss failing to make
return, making false r5turn, or taling to pay over
money collected on execution issned by su ch Justice
lo--To try the right Of claimant to property taken
in execution OF OH attachment;
ll--To act in the absence OF the Frooate Judge
in the trial OF contested elections ol JUSTICES OIL Tie
Peace. r.,
Sec g. No householder or freeholder resident OF the
county, shall be heid to answer any summons Is
sued against him by a Justice, IN clVel matter, III
township OF SuCu county Cul6T Htdu tHo olt
where he shall reside, except in the coses following
l. Where there shall be no Justice OF the Peace
for the township in which the defendant may reslde
2-Where the only Justice residing therein is in
terested in the controversy; or
3-Wherc he shall be related, as father, tather-in-
law SON. son-il-law ,brothar, broherl lh-laW, guar
dian, ward, uncle, nephew, or cousin, to elhsr
of the parties, and there Is no justice IN The township
competent to try the cause. In the foregoing
excepted cases, the action may bo brought before
any Justice of an adjoining township Of the same
county and the justice shall station his docket the
reason OF his taking jurisdiction:
4--Where the summons Is accompanied Wltn an
order attach property, the jurisdiction shall be
co-extensive with the county:
5--When two or more persons shall be jointly OF
iountly and severally bound in any debt or contract
or otherwise JOINTLY liable IN the same acton
and reside in different townships of the same county
the plaintiff may commence his action before JUS
tco of the township in which any OF the persons la.
bic reside except Joint actions against lhe ma
kers and endorsers OF notes, dqe-bIlls OF exchange
the action shal be commenced IN the township where
one of the original makers, drawers or endorsers
reaide and if it be claimed by the plaintiff that an
endorser the endorsed the note or bill at the time ii
was made and the jurisdiction depend thereon, pc
fore the Justice shall take jurisdiction, the plain TILL
or some person for hin, shall Tile an affidavit setting
forth that facts f
Gin cases of respass to real or personal property,
it shall be lawful to bring the action in the township
where the trespass was committed, or III the town
ship where the respasser any one OF several tres
passers reside.
Sec t. Under the restrictions and limitations
herein provided, justices OF the peace shall have
cognizance OF any sum not exceeding one hundred
dollars.
Sec s. When the balance claimed to be due on
any open or unsettled account, on any bill, note
or bond shall be less than hundred dollars, the
party by whom such balaacc shall be claimed, mag
commence his action therefore before justice OF the
,lsha lluy
lied to hear and determine the matters III controversy
without regard the amount OF the original account
or contract, and he may render judgment Tor any
balance found due not exceeding one hundred dol
lars and ii any plaintiff! appeal from Judgment en-.
tered in his favor for such balance, and shall recoy
or Judgment for sum greater than ono hundred
dollors, besides interest aud COTS he shall not re
cover costs on such appeal.
Sec g. In actions founded upon an undertaking
given in pursuance of law in any civil proceeding
pending before justice or his successor lii office
shall have jurisdiction co-eXenslvo with his county
and where the sum due or demanded on such un-
dertakinq exceeds one hundred dollars the JurrslIlc
ton shall be concurrent with the court OF common
pleas OF the proper county.
Sec. Z. Ii any debtor shall appear before JUS
tice the Peace without process and confess that
he is indebted to another, it shall be lawful ior such
Justice on the application OF the creditor, to render
Judgment on such confession against the debtor tor
uny sum not ex ceeding two hundred dollars.
Sec. 8. Whenever the office Of tcorener shall become
vacantn any county by death, resgna ion expiration
of the term OF oic4 or otherwife wheIe the
shall be absent from the county, or unable from sick
ness or other to discharge the duties OF his Of
flee or seall reside more than ten miles distant from
the places where the dead body OF any person sup
posed to have come to his or her death by violence
or casualty may be found, any Justice OF the Peace
of the county shall b. vested with all the powes s.
and shall pererm all and singular the duties appear
tanning to the Office OF coroner SO tar as 1t respects
the power and duty OF coroner to hod lnqulsluon
4. t~.~xl. oEN And hon
acting in the capacity of coroner, every such JUS
tice shall be euttled to the same fees as are or may
be allowed by law to coroners IN such cases.
Sec 9. Justices shall have Jurisdiction in actions
for trespass on real estate, Whsle the damage;
demanded for such trespass shall not exceed
nehundred dollars, and no claim OF title to suci
realestate set up by the defendant shall take away
or affect the jurisdiction hereby given.
Sec. TO- Justices shall not have cognlzance
any action:
Ito recover damages for an assault or assaul
and battery; or
2-In any action for malicious prosecution; or
Sin actions against Justices Of the Peace, o
other officers for misconduct in office, except in tin
cases ptovided for in this act; or
lin actions for slander; verbal or written; or
BIN actions on contracts for real estate or
6-In actions in which the title to real estate i
sought to be recogzered, or may be drawn in question
except actions OF trespass on real estate, whIt ar
provided for in this act
trg iefat ARTICLE II.
OF the commen .eIpent OF suits, service and retur
ofprocess, and proceedings in arrest and attach
ment.
Sec H. Actions before Justices of the Peace ar
commercially summons, or by the appearance agree
ment OF the parties without summons In the former
the action is deemed commenced upon delivery
the writ to the constable to be served and he sha
note thereon the time ofreceiyng the same. In tn
latter case, the action is deemed commenced at tn
time Of docketing the case.
Sec. Il. When guardian to the suit is necessary
he must be appointed by the Justice, as follows:
1--lf the infant be plaintiff, the appointment mus
be made before the summons is issued, upon the al
picaon OF the infant if he be of the age OF fourtee
years or upwards; If under that age, upon the appl
cation OF some frisnd. eF4
The consent in writing Of the guardian to be al
pointed and TO be responsible for costs he fail
the action, must be filed with the Justice.
2-r-lf the infant be defendant the guardian mu
be appointed before the trial. h is the right of II
infant to nominate his own guardian if the infant
over fourteen years of age and the proposed qua
dian be present and consent in wrin to be appoii
ted. Otherwise the justice may appoint any suitab
person who gives such consent k
Sec. 10, The style OF the summons shall be, "Tl
State of Ohio,---county:r il shall be dat Il
day tits issued, signed by the Justice issuing Il
same directed to constable of the proper townshi
Except in case person be deputed to serve it
which case il shall be directed to such person,) mu
contain tho name or names of the defendant or d.
PENDANTS, fnown,i fnnkown,gve description OF hi
or them,t ,tS command the officer or person serving Il
same summon the defendant or defendants TO appe
before such Justice at his office in - township,
time specified therein, and must describe the pla
tlft cause OF action in such general terms as to al
prise thedefendant of the nature of the claim again
him, and there shall be endorsed on the writ the
mount for which the plaintiff will take Judgment
the defendant fail 70 appear II the defendant Il
tn annenf ami ali All ~ ba rad for In ro