Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-07-02

Peace oil the county, shall be vested with all
the powers, and shall perform all and singu.
ulrr the duties appertaning TO the Office Of
coroner, so far as it respects the power and
duty of a coroner, to hold inqusition over any
dead body found rs aforesaid. And when
acting in the capacity of coroner, every
such justice shall be entitled to the same fees,
as are or may be allowed by law to coroner
in such cases.
Sec. 9. Justices shall have jurisdiction in
actions for trespass on real estate, where the
damages demanded for such trespass shall not
exceed one hundred dollars and no claim of
title TO such real estate set up by the defen-
dant, shall take away, or affect the jurisdic-
ton hereby given.
Sec. 10. Justices shall not have cognizance
Of any action
Ito recover damages for an assault, or
and battery; or
2-In any actions for malicious persecu-
tion or
3-In actions against Justices of the Peace,
or other officers for miscoduct in Office, except
in the cases provided for in this act or
4--In actions for SANDER, verbal or writ
ten; or
Sin actions on contracts for real estat:
or
6-In actions in which the title to real es-
tate is sought to be recovered, or may be
drawn 10 question, except actions OF trespass
on real estate, which are provided for in this
act.
ARTICLE II.
| Ofthe commencement of suits, servs,e and
return cfproceSS. and proceedings IN ar
rest and attachment.
Sec. l. Actions before the Justice Of the
Peace are commenced by summons, or by
the appearance and agreement of the parties
without summons. In the former, the action
is deemed commenced upon delivery of the
writ to the constable to be served and he
shall note thereon the time of receiving the
same In the latter case, the action is deem
ed commenced at the time of docketng the
case
Sec. IL. When guardian to the suit is
necessary. he must be appointed by the JUS
tice, as follows:
If the infant be plaintiff, the appoint
ment must be made before the summons is
issued, upon the application of the infant if
he be of the age of fourteen years or upwards
If under that age, upon the application of
some friend.
The consent in writing of the guardian to
be appointed, and to be responsible for costs
if he fail in the action, must be filed with the
Justice.
2-If the infant be defendant, the guar
dian must be appointed before the trial. 1t
is the right of the infant to nominate his own
guardian if the infant be over fourteen wears
of age and the proposed guardian be present
and consent in writing to be appointed. 9th
erwise the justice may appoint any suitable
person who gives such consent.
Sec. I3. The style Of summons shall be-
"The State of Ohio, hio,-county," it shall
be dated the day it is issued, signed by the
Justice issuing the same, directed 10 a con-
stable OF the proper township, Except in case
person be deputed to serve it, in which
case it shall be directed to such person,)
must contain the name or names of the de-
fendant or defendants, if known; if unknown,
give description of him or them, ,and com
mand the officer or person serving the same
to summon the defendant or defendants to
appear before such Justice at his Office in
township, at time specified therein, and
must describe the plaintiffs cause of action
IN such general terms as to apprise the de-
fendant OF the nature Of the claim aginst him,
and thele shall be endorsed on the writ the
amount for which the plaintiff will take Judge
ment II the defendant fail to appear If the
defendant fail to appear judgement shall not
be rendered tor larger amount and the costs.
Sec. Ia. The summons must be returnable
not more than twelve days from its date, and
must, unless accompanied with an order TO
arrest, be served at least three days before
the time of appearance, as follows:
by delivering copy Of the summons
with the endorsement thereon, Certified by
the constable, or person serving the same to
be true copy to the defendant or leaving
the same at his usual place of residence
2-An acknowledgement on the back of
the summons, or the voluntary appearance
OF defendant, is equivalent to service.
Sec, l5. A summons against corporation
may be served upon the president, mayor,
chairman of the board of directors or trustees,
or other chief officer; or, if its chief officer is
not found in the county, upon its cashier,
treasurer secretary, clerk, or managing agent;
or ifnone ofthe aforesaid officers can be found,
by copy left at the Office. or usual place of
business of such corporation, with the person
having charge thereof
Sec. 16. Where the defendant is an incor-
porated insurance company, and the action is
brought in county, in which there is an a.
gency thereof, the service may be upon the
chief officer of such agency
Sec. II. Where the defendant is foreign
corporation, having managing agent in the
State, the service may be upon such agent.
Sec l8. When the defendant is a minor
under the age of fourteen years, the service
must be upon him or upon his guardian, fath-
er; or, if neither of these can be found, then
upon his mother, or the person having the care
or control ofthe infant, or with whom he lives.
If neither of these can be found, or, if the
minor be more than fourteen years of age,
service on him alone, shall be sufficient The
manner of service may be the same as in the
case Of adults
APPEARANCE.
Sec. 10. The parties are entitled to one
hour in which to aDDear after the fine mem