Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-07-02
LAWS OF OHIO
(BY AUTuoRITY.)
AN ACT OF Jurisdiction and procedure be
fore Justices Of the Peace, and Of the duties
of Constable in Civil Cases.

| Ot 1ttE SEACE.
Be it enacted by the General Assembly of
the State Of Ohio F.; Sec l. The jurisdiction
of Justices of Peace in Civil cases shall
unless otherwise directed by law, be lmitec
to the township wherein they may have been
elected, and where they shall reside.
Sec. 2. Justices of the Peace within ant
co-extensive with their respective counties
shall have jurisdicsion and authority:
Ito administer any oath or affirmation
authorized or required by law to be admin
istered:
2-To take the acknowledge of deeds
mortgages, and other instruments of wri
ting g.ro ,o,smoi,. marriages:
4-To issue subpoena for witnesses and
coerce their attendance in causes or matters
lpending before them, or other cause or mat.
ter wherein they may be required to take
dispositions:
5-To try the action for the forcible entry
and detention, or the detention only, of rea
property:
6-To proceed against security for costs
and bail for the stay of execution on their
dockets:
ITO issue attachment and proceed "a
gainst the goods and effects of debtors in GER
tain cases:
$40 issue executions on judgements ren
dered by them:
9-To proceed against constables failing TO
make return, making false return, or failing
to pay over money collected on execution is
sued by such Justice.
1o-To try the right Of claimant TO prop
erty taken in execution or on attachment:
Ito act in the absence Of the Probate
Judge in the trial of contested elections of
Justices of the Peace.
Sec. 8. No householder or freeholder resi-
dent Of the county, shall be held to answer
any summons issued against him by Justice,
in civil matter, in any township of such coun
ty other than the one where he shall reside,
except in the cases following:
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 there
in is interested in the controversy; or
| 3--Where he shall be related, as father,
father-in-law, son son-i law, brother, brother,
brother-in-law, guardian, ward, uncle, nephew,
or cousin, to either OF the parties, and there is
no justice in the township competent to 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
I 4-Where the summons is accompanied
with an order TO attach property, the jurs-
diction shall be co-extensve with the county
5-When two or more persons shall be
jointly, or jointly and severally bound in any
debt or contract, or otherwise jointly liable in
the same action, and reside in different town
ships 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 exchange, the action shall be COM
menced in the township where one of the or
iginal makers, drawers or endorsers reside,
and if it be claimed by the plaintiff that an
endorser endorsed the note or bill at the time
it was made, and the jurisdiction depend
thereon, before the justice shall take juris.
diction, the plaintiff, or some person for him,
shall file an affidavit setting forth that fact;
i 6-ln cases of trespass to real or personal
property, it shall be lawful to bling the action
in the township where the trespass was com
mitted, or in the township where the trespas-
ser, or any one Of several trespassers, or any
one of the several trespassers reside.
Sec. 4. Under the restrictions and lmi-
tations herein provided, justices of the peace
shall have cognizance of any sum not exceed
ing one hundred dollars.
Sec. 5. When the balance 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 therefor before justice of the peace
who shall have power and he is hereby au-
thorised to hear and determine the matters
in controversy without regard to the amount
of the original account or contract, and he
may render Judgement for any balance found
due, not exceeding one hundred dollars, and
if any plaintiff appeal from judgement en-
tered in lds favor for such balance, and shall
recover judgement for a sum greater than
one hundred dollars besides interest and
costs, he shall not recover costs or such ap-
peal.
Sec. 6. In actions founded upon en- under
taking given in pursuance of law in any civ
proceeding pending before a justice,
such justice or his successor in Office,
shall have jurisdiction co,extensive with his
county, and where the sum due or demanded
on such undertaking exceeds one hundred
dollars the jurisdiction shall be concurrent
with the court Of common please Of the prop
er county.
Sec. Z. If any debtor shall appear before
Justice Of the Peace without process, and
confess that he is indebted to another, it shall
be lawful for such justice. on the application
of the creditor, to render judgement on such
confession against the debtor for any sum not
exceeding two hundred dollars.
Sec. s, Whenever the Office of coroner
shall become vacant in any county by death,
resignation, expiration of the term Ct Office,
or otherwise, or where the coroner shall be
absent from sickness or other cause to dis
charge the duties Of bis Office. or shall reside
more than ten miles distant from the place
where the dead body of any person supposed
n have ANNA m his or har daath b,, ,,ioIanaoI