The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-06-29
L A W s OF 0HIO:
PUBLISHED BY AUTHORITY.

AN ACT -
Of the Jurisdiction and Procedure before
Justices Of the Peace, and of the Duties
of Constables in Civil Cases.
ARTICLE |.
OF THE JURISDICTION OF JUSTICES OF THE
PEACE.
Be 1t enacted by the General assembly of
the State of Ohio:
3 1. The jurisdiction of justices of the
peace in civil cases shall, unless otherwise
directed by law, be limited to the town ship
wherein they may have been elected, and
where they shall reside.
92. Justices of the peace within and
co-extensive with their respective counties,
shall have jurisdiction and authority:
1. To administer any oath or affirma-
ton authorized or required by law to be
administered:
2. To take the acknowledgement OF
deeds, mortgages, and other instruments
Of writing:
8. To solemnize marriages:
4. To issue subpoena for witnesses and
coerce their attendance in causes or m at
ters pending before them, or other cause
or matter wherein they may be required 10
take QepoSllonS:
5. To try the action for the forcible
entry and detention, or the detention only,
of real property:
6. To proceed against security for
costs and bail for the stay of execution on
their docket: -
7. 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 collected on
execution issued by such justice:
10. To try the right of the claiman to
property taken in execution or on attach.
ment:
II. To act in the absence of the pro.
bate Judge in the trial Of contested cleo
tons of justices Of the peace:
8. No householder or freeholder res
ident Of the county, shall be held to an
swer any summons issued against him by
Justice, in a civil matter, in any town
ship of such county other than the one
where he shall reside, except in the cases
following:
1. Where there shall be no Justice OF
the peace for the township in which the
defendant may reside; or
2. Where the only Justice residing
therein is interested in the controversy; or
+ 3. Where he shall be related, asfaiher,
father-in-law, son. sson-in law, brother,
brother-in law, guardian, ward, uncle,
nephew, or cousin, TO either Of the par
ties, and there is no justice in the township
competent TO try the cause. In the fore
going excepted cases. the action may be
brought before any justice of an adjoin-
ing township Of the same county. and the
justice shall state on his docket the reason
Of his taking jurisdiction:
4. Where the summons is accompa.
MED with an order to attach property. the
jurisdiction shall be CO extensive with the
county:
5. When two or more persons shall be
jointly, or jointly and severally bound ir
any debt or contract, or otherwise jointly
liable in the same action, and reside ir
different townships of the same county, the
plaintiff may commence his action before
a justice of the township in which any o
the persons liable reside, except that il
oint actions against the makers and en-
dorsers of notes, due-bills, or bills of ex
change, the action shall be commenced il
the township where one of the origina
makers, drawers. or endorsers reside, ant
if it be claimed by the plaintiff that an en-
dorser endorsed the note or bill at the tim,
it was made, and the jurisdiction depent
thereon, before the Justice shall take juris
diction, the plaintiff, or some person fo
him, shall file an affidavit setting forth tina
fact:
6. In cases Of trespass. to real or per
sonal property, it shall be lawful to brin;
the action in the township where the tres
pass was committed, or in the townshi
where the trespasser, or any one of sew
eral trespassers reside.
4. Under the restrictions and limita
lions herein provided, justices OF the peac
shall have cognizance of any sum not ex
ceeding one hundred dollars.
; 5. When the balance claimed to b.
, due on any open or unsettled account, o
on any bill, note, or bond, shall be les
than one hundred dollars, the party b,
f whom such balance shall be claimed, ma,
commences his aCuOu tneTelOF UeiOTe Jus
, tce of the peace: who shall have power
and he is hereby authorized to hear ant
, determine the matters in controversy with
out regard 20 the amount of the origina
account or contract, and he may rende
Judgment for any balance found due, 20
, exceeding one hundred dollars, and if an.
!, plaintiff appeal from a judgment entered
in his favor for such balance, and shal
recover judgment for a sum greater thai
f one hundred dollars, besides interest an!
costs, he shall not recover costs on.suc
t appeal.
6. In actions founded upon an un
dertaking givenin pursuance Of law in an
civil proceeding pending before justice
such justice or his successor in Office, .shal
have jurisdiction co-extensive with hi
county, and where the sum due or de
manded on such undertaking exceeds on
hundred dollars, the jurisdiction shall b
; concurrent with the court Of common plea
OF the proper county.
~. If any debtor shall appear befor
5 justice Of the peace without process, an
confess that he is indebted to another.
J, shall be lawful for such justice, on the ap