The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1853-07-29

cessor is hereby authorized, while having
such docket legally in bis possession, tc
issue execution on any Judgment ,hess
entered, and unsaiisGed, and not dockeiot
lin the couit Of common pleas, in the
same manner and with the same effect al
the justice BY whom The Judgment wal
rendered, might have done; TO take bai
lin appeal, OF for stay Of execution, tc
issue certified transcripts Of judgment,
on such docket, and proceed In oil cases
in like manner, as il the same had been
originally had, or Instituted before him
Sac. 200. When two or more justices
are equally entitled to be deemed the
successor in Office Of justice, the trus-
,ees Of the township shall designate
which justice is 10 be deemed tho. sue.
cessor Of the justice going out Of ofiics,
lor whose Office has become vacant, and
shall enter certificate 10 the last docket
Of tho justice going out Of Office OF whose
Office is vacant, Of their determination,
before the same 10 delivered 10 such
successor.
Sec. 2l0. IN case OF the sickness or
other disability or necessary absense Of a
justice a, the time appointed for trial,
another justice Of the same township
nay, al his request, attend in bis behalf,
and shall ihefeupon become vested with
The power for the time being of:hs justice
before whom the summons was return.
able. In that case the proper entry of
the proceeding before the attending jus.
tice, subscribed by him, must be made in
the docket Of the justice before whom
tho writ was returnable. IL the case
be adjourned the justice before whom
the summons was relurnable must resume
jurisdiction.
Sec. gil. The summons, execution,
and every other paper made or issued by
a justice, mast be filled up without a
blank 10 be filled BY another, otherwise
i, is void.
Sec. 2l2. A justice at the request Of
a party, and on being satisfied that !, IS
expsdient, may specially depu.e any dis
Greet 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 attach
property. Such deputation must be in
writing on the process.
Sec. 2l3. The person SO deputed has
the authority Of q constable in relation to
the service, execution and return Of such
process, and is subject TO the same obj.
gsiions, but there can be no foe for his
services taxed in the bill Of costs.
SEC. 2l4. A justice may punish, as
for a contempt. persons guilty Of the
following acts, and no others:
/. Disorderly, con,emp,uous, or inso.
lent behavior toward the justice, tending
10 interrupt the due course Of trial or
other judicial proceeding before him;
2. A breach Of the peace, boisterous
conduct, or violent disturbance, tending
TO interrupt the due course Of Q trial or
other judicial proceeding;
3. Wilful resistance in the presence
Of the justice, to the execution Of law
ful oder or process made or issued BY
him.
Sec. 2l5. A warrant OF arrest may be
issued BY such justice, on which the
person 90 guilty msy bo arrested and
brought before the justice, when an op-
portunity 10 be heard in his defence or
excuse must be given. The justice may
shereupon discharge him. or may convict
him for the offence, and adjudge punish.
ment by 6ne or imprisonment, or both,
such fine no. TO exceed twenty dollars,
and such imprisonment ten days.
Sec. 2l6. The conviction specifying
particularly the offence and the judgment
theraon must be entered 10 his docket;
warrant Of commitment to the Jail Of
the county until the fine be paid, OF for
the term Of imprisonment may then be
Issued such warrant must contain tran
script Of the entry in the docket, and the
same must be executed by any constable
10 whom il may be given, and by the
iailor Of the county.
See. 2l7. When person intending
TO bring an action before justice Of the
pence is nonresident Of tho township
in which he intends to commence such
action, The justice may, previous TO his
issuing process, require such person TO
give security for the costs of suit; which
may be done by depositing sum Of
money deemed by the justice to be sufi-
cient TO discharge the costs that may
accrue id 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. 2lS. If any plaintiff OF plaintiffs
after commencing an action before q
justice in the township in which he or
they reside, remove out Of tho county,
the justice may require such plaintiff or
plaintiffs to deposit sum Of money equal
10 the costs that have accrued and that