The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-07-01

: the nearest in the county, there to be kept ~
VI successor shall be chosen and qual fedthe
10 be delivered over to such successor on requcs
Sec. wi. A justice receiving by succession
, or on deposit, any Hncb docket, papers and laws
sbaH, " requested, give receipt therefor to th
person from whom he receives the same
sec. 2Oo. The justice with whom the docke
of another may be deposited, either during a va
cancy, or az the successor il hereby authorized
while having such docket legally in his posses
SON. to issue execution on any judgment thcr,
entered, and nnsatisfcd and not dockcted in the
court OF common pleas, in the same manner ind
win tho same effect as the justice by whom tho
Judgement was rendered might have done, 10
take bail in appeal, or for stay Of to H.
sue certified transcripts Of Judgements on snch
docket, and proceed IN all cases in like manner.
az u inc same had been originally had, or inst.
tut"d before him.
Sec 2C9 When two or more justices arc equaily
entitled TO BE- deemed the succf ssor in Office of
Iuslice the trustees vi the tow nshp shall designate
winch justice il TO be deemed the successor of the
lusiice going out Of Office or whose off hns h..
GONE vacant and shall enter q certificate in the last
d1cke oi ihe justice going out VI office or whose
oihce IS vacant, Of their determinations before the
same Is delivered 10 such successor
sec. ZlO. In case OF the sickness Or other ds.
abIliy or necessary absence ot Justice at the time
appointed Tor rial another justice Of the snme town.
ship may, at his request, attend in his behalf and
snail thereupon become vested with the power for
tne time being o the justice before whom the sum.
mons was returnnbe. In that case The proper entry
of the proceeding before the Attending iI.ice sub.
scnbed by him, must be made Ia the docket of the
Justice before whom the writ was returnable Ifthe
case be adjourned tie justice before whom IN sum
mons was return1ble must resume iuri,dic,ion
Sec. Gil. The summons, execution, md every
other paper made or issued by n Justice. must be-
hlled up without blank 10 be filled by another 9th.
erwise ii is void.
Sec 2i2. a Justice nt the request Of a party. &,
on being satisfied that il is expcdent may specially
depute any discree, person Of suitable age and not
Interested in the actiJn to a summons or ex.
ecuiion, with or without on order To nrrest the de.
iendant or 10 attach properly Such deputaiion must
be in writing on the process.
Sec. 2l3. The person 20 depu,ed has the authori.
" oi constable IN re non 10 the service. c1ecu-
lion and return of such process, and is Subject 10
the same obligations, but there can be no fee or hi,
.erviccs ,n1ed in the bill oi costs.
Sec. 2l4 a Justice may punish. as for contempt
persons guilty OF the following acts ani no others:
j. Disordery, cOnie m puons, Or insolcnt behavior
toward the justice, fencing 10 interrupt the due course
OF trial or other judicial proceeding before hm
2 breach ot the peace, boisterons coniuc or
violent disturbance, tending 10 interrupt the due
course OF trial or other judicial proceeding:
g. Wiul resistance III the presence OF the ius-
tice. 10 the execution oi lawful order process
made or issued By him.
Ser. BIS A warrant Of arrest may b. issued by
SUCH lu-iice, on WHICH TIE person 60 guilty be-
arrested and brought before the justice when an op.
portuny to he heard in lis defence or excuse mus,
BE- given. The Justice may thereupon discharge
him. may cOnyc. him for the Offence. and a1.
Judge punishment by fife o. mprisonmcn,, or both;
such fine not 10 eAcecd twenty dollars, and ch in
pliaOnmeUt un days
Sec. 2l6. The conviction. sperifviag particular.
ly the off nee ana the Judgment thereon. must b.
entered in his docket; Il warrant Of commitment u |
the Jail Of the county unit the fine be paid or Tor
the term OF Imprisonment, may then be issued: such
warrant mus contain iransriJ IT OF the entry in |
the docket. and the snnc must lie executed by
any constable TO whom II NAV be given, and By the
juilur of the county.
Sec2l7 When person Gt ndin5 10 bring an action
before justice OF the peace is non-rcsden, otihr
township in which he Intends to commence such &C.
ton, the justice may, previous 10 his issuing process
require such person 10 give security Tor the c=tS OF
suit, which may be done by depOsing sum Of |
money deemed by the justice 10 be sufficient to dis
charge the costs that msy accrue in the nctiJn or
by giving an Undertaking with surety approved by |
the justice payable 10 the adverse party Tor the ply
ment OF all costs that may accrue in the action.
Sec. 2ls. If any plain if or plaintiff, after com.
mcncing an action before Justice in the township in
which he or they reside remove out Of tie county. |
the justice may require such plaintiff or plaintiff, 10
deposit OF money equal 10 the that have
accrued and that probably will accrue, require in
place thereof that such party give sufficient surety
Tor all costs which have accrued which may ac-
crue in the action, and in default 10 do either shall
enter nonsuit against the plaintiff or plaintiff
Sec 29. That in all actions instituted before jus.
iice of the peace founded upon any bond saed bill
promssory note or other instrument of writing for the
payment Of sum OF money certain, upon wlieh the |
hole OF money therein promised is due shat
be the duty of the plaintiff, his agent or attorney to
said nond, seated hill, promissory note or oter written
evidence Indebtedness pom winch s brought,
h such ju.tce of the peace and if on ta iud.
shall he entered thereon. in favor of the MIA
suc bond sealed bill prumssory noie or OF
writing shall he retained by the justice rendering udg
me shal endorse the for which he shall have
entered Judgment provided the shall in
cd sH.Itl
have teen confessed and shall subscribe his there
to- And upon payment or tender oftie amount OF such
payment togeter with the Co,ts eccruing thereon,
securing the payment Of The same by putting in tail for
the stay OF execution shall noie iGwfil tor the PLAN
till to institute other suit or suits UPON said lond
sea ed lil prossory no:e, or oer instrument OF wr
tim. for ,he recovery OF any farther sums, the
payment OF which is secured by the same bona seated
hill prumissory other written ldrnce OF ndrii
edness Preridsd tia when app 81 shall lie taken
from the Judgment of sui justice Il shall &c his duty 10
deliver or transmit any hond seat bill promlssory nole
other evidence produced reDrc him trial
the clerk OF he court OF common pleas 10 which such
cause shall have heen appealed, beto the second
day ofthe after taking such appeal
Pr0pdtd also that nothing herein contained sha be con-
strued 10 or in any wise affect rgh, which an
creditor now have demand any justice of the
peaee, joint AID several Obligations for the purpose
M any Marty To said litigation other Than the
party against whom Judgment may have been rendered.
Sec a2U II shall no lie lawful for any justice OF the
peace 10 purchase any Judgment on any docket in his
possession, and for doing for every such offence such
Justice shall forfeit aud pay than ifty
less than dollars to lie recovered by action before
any court having jurisdiction thereof, and when coec-
ted shall he paid into the treasury Of the township where
such offence was committed.
Sec gel. The provisions of this act do apply
proceedings in actions or suits pending when II takes
effect They shall be conducted 10 final judgment and
Determination in all respects as if il had n"l een adopted
ARTICLE XIV.
Sec. 2aa. The ac, defining the powers and duties OF
justices of the peace and cons,acs passed March +ih
1891 and acts amendaior, thereto passed al
1891 February Is, 1874, Marrh I'd, 1894 March l2th
laI4 February Eth 1916, February sih IA, February
2ith ls4s March 2ld. lsi9 the act allowing jurors he
Justices of the peace, passed February lih lHIO
and acts amendaory thereof, passed March 4h ls45,
February gid Is46 the allowing and regulating at
before justices of the peace passed January
th 1894 md acts amendaoty thereof passed January
l6,h le39 February 6h and March I+h 1850 the act TO
revive certain therein named passed March 2th
IsI5 sections one five and six Of act to regulate pro-
cedngs before justices OF the peace passed March "a
Is49 and an ac defining the duties Of justices OF the
peace and constabss in civil cases. passed March 2jth