The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-07-20

proper county.
Sec. 1873. In serving all process either
civil or criminal, and in doing his duties
generally, when not Otherwise restricted by
law, the authority of constable shall ex-
and throughout the whole county in which
he may be appointed; and in executing and
serving process issued by justice OF the
peace, he shall have and exercise the same
authority and powers ovel goods and chat
ties, aud the persons of parties as is gran
! ted by law 10 sheriff or coroner under like
process issued from courts OF record.
Sec l99. When it is shall become th e
duty of the constable to take the body oi
any person 10 ths Jail Of the county, he
shal deliver to the sheriff or jlilor certified
copy Of the execclion, commitment or other
process, whereby he holds such person in
custody, and return the original to the JUS
tjce who issued the same; which copy shall
be sufficient authority to the nheritf or jailor
TO keed the prisoner in Jail, nntil dischar-
ged by due coarse of law.
Sec, go. Constables shall pay over to
| The party entitled thereto, all money receiv-
cd by th:m in their official capacity, if de-
mand be made by such party, his agent OF
attorney, at any time before he returns the
writ upon which he has received il; ii not
paid over by that time, he shall pay the
same TO the Justice when he geturnS the
writ.
Sec 20l. Constables shall be liable to
ten per cent. penalty upon the amonnt OF
damages for which judgmentmay be entered
against them Tor falling to make return, ma
king a false return, Or failing to pay over
money by them collected, or received in
their official capacity, and such judgment
must include, in addition to the damages
and costs, the penalty herein provided
ARTICLE. XIV.
General Provisions.
Sec 2O2. The provisions of the act emit,
| tied An Act to establish a code OF civil
procedure, " passed March II, 1858, which
are in their nature applicable TO the jurisdic-
lion and proceedings before Justices, and
in respect to which no special provision is
made by statute, are applicable to the pro
cee1ings before Justices of the peace.
Sec. 203. Every Justice Of the Peace
must keep a book denominated docket,
which shall be furnished by the trustees OF
the proper township which must be entered
by him;
1.-The title of every action in which the
writ is served or when the parties voluntar
lily appear
2-lhe date of the writ, the time its re-
turn, and ii an order to arrest the defendant
Or attach property was made, such fact
must be stated, together with the affidavit
upon which such order was made.
3-The filing OF the bill Of particulars OF
either party and nature, thereof, and when
not of 100 great length On the docket;
(Which Of The parties, if either of them
appear at the trial:
5-Every ADJOURNED, stating on whose
application, whether on oath, or consent, and
to what time.
G--When trial by jury is demanded, the
demand must be stated, and by whom made
the names fthe jurors selected, and the
time appointed for trial.
THE names Of the Jurors who appear
of those sworn, the names and Of the wines
ses sworn, and at whose request;
8-the exceptions to the ruling of the
Justice on questonSof law taLen by either
party,
9-The verdict Of the Jury, and when re-
ceiyed; ifthe jury disagree and ara dischar-
ged, that fact Tust be stated:
I0-~The Judgment of the Justice, specify
ing the items OF costs included, and then the
time when rendered.:
1.-THE iSsueing of execution and orders
to sell when issued, and to whom, the re-
wards thereof, if any, when made, the re-
turn and when made, and statment ofany
money paid to Justice, and by whom
1@-The giving of a transcript, to be filed
in the clerk S office, and when given:
l3-lf appeal be taken, the undertaking
and the time of entering into the same, and
by which party taken:
1.-THE undertaking for stay of execu-
ton, and time Of giving the same
15-The, satisfaction of the Judgment,
and time Of satisfying the same.
Sec. 204. The several particulars in the
last section specified, must be entered under
the title of the action TO which they relate,
and at the time when occured-( except that
bills of exceptions, in regard to the ruling
on questions Of law or evidence, need not
be entered until after the Judgment unless
required by the Justice or one ofthe parties. J
Such entries in Jnstce's docket, or a tran
script thereof, certified by the Justice or his
successor in office. shall be evidence to prove
the facts stated therein.
Sec. eos. A Justice must keep an alpha
betical index to his docket, in which must be
entered the names of the parties to each
judgment, with referance to the page orthe
entry: the names oil the plaintiffs must be
entered in the index in the alphabetical or
der OF the first letter of the family names;
he shall number the cases progressively up
on bis docket, and shall correspondingly
number the papers in each case; he shall
keep the entire papers in each action togeth-
er, and in packages ofa proper and convent
ent size, and in the order in which the cas-
es are numbered on his docket.
Sec 206. It's the duty of every Justice
upon the expiration of term of office. to de-
posit with his successor, his official docket,
as well as his own as those of his predeces-
sors, which may be in his custody, together
with all files aud papers, laws and statutes,
pertaining to his Office, there to be kept as
public records and property. Ii their be
no successor elected and qualified, or if the
Office become vacant by death, removal
from the township or otherwise before his
successor is elected and qualified, the dock