The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1853-07-14
81 THE JrRIsDrcrIoS OF Jrsrlcns OF ruE


OF THE JuRIsDrcTrox OF JrsrIcEs OF rnF
PEACE.
Be il enacted bv the General Assembly
of the State of Ohio: SEC, /. The juris-
diction of Justices of the Peace in civil
cases shall, unless otherwise directed by
law, be limited to the township wherein
they may have been elected, and where
they shall reside.
SEC. g Justices of the Peace within
and co-extensive with their respective
counties shall have jurisdiction and au-
thoiitv:
Ito administer any oath or afhrma-
tion authorized or required by law to be
administered:
9-To take the acknowledgement OF
deeds; mortgages, and other instruments
of writing: ~ a
3-To solemnize marriages:
ITO issue subpoena for witnesses and
cocrce their attendance in causes or mat
tiers pending before them, or other cause OF
matter wherein they may be required to
take deposition: ,sg
5-To try the action for the forcible en-
try and detention, or the detention only,
of real property:
6--To produce againstsecurity forecasts
and bail for the stay of execution on THEN
dockcts:
To issue attachment and proceed
against the goods and effects of debtors
in certain cases:
8--To issue executions on judgments
rendered by them:
9-To proceed against constables fail
ing to make return, making false return,
or failing to pay over money collect
ed on execution issued by such JUS
ticc: A
1C-To try the right of claiment to
property taken in execution or on attach
ment:
Ito act in the absence of the Pro-
bate Judge in the trial of contested cleo
tons of Justices of the Peace.
SEC. 8. No householder or frecholder
resident of the county, shall be held to
answer any summons issued against him
by Justice, in a civil matter, in any
townshipof such county other than the
one where he shall reside, except in the
case following:
1-Where there shall be no Justice OF
the Peace for the township in which the
defendant may reside; or
y 2-Where the only Justice residing
therein is interested in the controversy;
VI tt..
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 try the cause. In
the foregoing excepted cases, the action
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 jurisdiction:
4-Where the summons is accompani
cd with an order to attach property, the
jurisdiction shall be co-extensive with the
county,:
5-Where to or more persons shall be
jointly, or rjointly and severally bound in
any debt or contract or otherwise jointly
liable in the same action, and reside in
different 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 axchange, the action shall be COM
menced in the township where one of the
original makers, drawers or endorsers re-
side, and if it be claimed by the plaintiff
that an endorser endorsed the note or bill
at the time it was made, and the jurisdic-
ton depend thereon, before the justice
shall take jurisdiction, the plaintiff, or
some person for him, shall file an .afids-
Wit setting forth that fact
6-In cases Of trespass, to real or per-
sonal property, it shall be lawful to bring
the action in the township where the tres
pass was committed, Or in the township
where the trespasser, or any one of sever
al tresprssers reside.
SEC. a. Under the restrictions and linn
isa.ions herein provided, Justices Of the
peace shall have cognizance of any sum
not exceeding one hundred dollars.
SEC 5. When the ba.ance claimed to
be due on any open or unsettled account,
or on any bill, note, or bond, shall be less
than one hundred dollars, the party by
whom such balance shall be claimed,
may commence his action therefore be-
fore justice of the peace: who shall have
power and he is hereby authorized to
hear and determine the matters in contro-
ycrsy without regard to the amount Of the
original account or contract, and he may
render Judgment for any balance found
due, not exceeding one hundred dollars,
and if any plaintiff appeal for judgment
entered in his favor for such balance and
shall ACKNOWLEDGEMENT for the sum grea-
ter than one hundred dollars, besides in
terest and costs, he shall not recover costs
on such appeal.
SEC g. In actions founded upon an
undertaking given in pursuance Of law in
any civil proceeding pending before Il
justice, such justice or his successor in
Office, shall have jurisdiction co-extcnsive
with his county, and where the sum due
or demanded on such undertaking ex-
ceeds one hundred dollars, the jurisdic-
ton shall be concurrent with the court Of
common pleas of the proper county.
SEC. z. Ii any debtor shall appear be-
fore Justice of the Peace without pro-
cess, and confess that he is indebted to
another, it shall be lawful for such justice