Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-07-07
LAWS OF OHIO
IAOT
BIZ AUTHORITY. {


4sf "a 50 AN ACT 1vz RI
of Jurisdiction and Procedure before justices
- Of the Peace, and of the duties Of Constables
IN Civil Cases ~ 81 ssree,.;5... ~
iylss ARTICLE /.
oFiTHE JuRIsDIcrIoN OF JUSTICES OF rHE
PEACE. 7jErs
Be L enacted by the General AssezabEv Of tk,
State ef Ohio: Sec. l. The jurisdiction Of Jus.
tees of the Peace in civil cases shall, un,
less otherwise directed by law, be limited
to the township wherein they may have
been elected, and where they shall re-
side. f - 81 .-'..T go
Sec. 2. Justices of the Peace within
and co-extensiye with their respective
counties, shall have jurisdiction and au-
thority: as
Ito administer any oath or affirm
alton authorized or required by law to be
administered: ass
ai59-To take the acknowledgment of
deeds, mortgages, and other instruments
of writing; 6 sra hil
s. 3-To solemnize marriages:
ais ITO issue subpoena for witnesses
and coerce their attendance in causes or
matters pending before them, or other
cause or matter wherein they may be
required to take dispositions:
10 1To try the action for the forcible
entry and detention5 or the detention on
ly, of real property:
RI. $50 proceed against security for
costs and bail for the stay of execution
On their dockets: ---.
s8s ITO issue attachment and proceed
against the goods and effects of debtors
s In certain cases: ~ E.,a
$50 issue executions on judgments
rendered by them: o
9-To proceed against constables fail
ing to make return, making false re-
turn, or falling to pay over money col
lected on execution issued by such JUS
tice:
1o-To try the right of claimant to
property taken in execution or on at
tachment:
Ito act in the absence of the Pro-
bate Judge in the trial of contested elec-
tons of Justices of the Peace.
Sec, g.. No householder or freeholder
resident of the county, shall be held to
answer any summons issued against him
by Justice, in a civil matter, in any
township of such county other than the
one where he shall reside, except in the
cases following: 5frsf
1-Where there shall be no Justice of
the Peace for the township ia which the
defendant NAV reside. or
9-Where the only Justice residing
therein is interested in the controversy;
or
3-Where he shall be related, as faith
er, father-in-law, son, son-in-law, broth
er, brother-in-law, guardian, ward, un-
/. Gle, nephew, or cousin, to either of the
parties, and there is no justice in the
township competent to try the cause
In the foregoing excepted cases. the ac-
ton may be brought before any justice
of an adjoining, township of the same
county, and the justice shall state on his
docket the reason of his taking jurisdie
etion; fs l5TH1arpo biIT3f
-44-Where the summons is accompa-
MED with an order to attach property
the jurisdiction shall be co-extensiYe
with the county: $40
80 5-When twoFor more persons shall
be jointly, or jointly and seyerally bound
in any debt or contract, or otherwise
jointly liable in the same action, and re-
side indifferent townships of the same
county, the plaintiff may commence his
action before justice of the township in
which any of the persons liable reside,
except that in Joint actions against the
makers and endorsers of notes, due
bills, or bills of exchange, the action
shall be commenced in the township
where one of the original makers, draw
aefs or ehdorsers reside, and if 1t be
claimed BY the plaintiff that an endorser
endorsed. the note or bill at the time it
was made, and the jurisdiction depend
thereon, before the justice shall take ju-
risdiction, the plaintiff, or some person
i5or him, shall file an affidavit setting
forth that fact3 i tLQ IL
6-IR cases of tfespass, to real or
personal property it shall be lawful to
bring the action in the township where
ethe trespass was committed, or in the
township where the trespasser, or any
one of several trespassers reside. sieH
= See. A. Under the restrictions and
limitations herein provided, justices of
the peace shall have eognizancelof any
sum not exceeding one hundred dollars.
-E1See@ s. When the balance claimed to
be due onsany open or orunsettled account,
or on any bill, note. or bond, shall be
less thanene hundred dollars, the party
by whom such balance shall be claimed,
may commence his action therefor be-
fore a. Justice of the peace: who shall
have power and he is hereby authorized
to hear and determine the, matters in
controversy without regard to. the
amount of the original account or con-
tract, and1he may render Judgment for
any balance found due, not exceeding
pne hundred dollars, and if any plaintiff
appeal from a Judgment entered in his
fag6rfor suck balance; and shall recover
Judgment for a sum greater than one
hundred dollars, besides interest and
costs, be shall fuot recover costs on such
appeal; -. 4; $. ~ 80