Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-06
ARTICLE I.
Oftbe Jurisdiction of justices of the Peace.

L. f-s .s 2,
of the Jurisdiction of justices Of the Peace. -
Be it enacted by the General Assembly of the
State of Oho Sec. l. The jurisdiction of JUS
+erwise directed by law, be limited to the town
ship wherein they may have been elected, and
where they shall reside. - - - .s. .as
Sec. q Justices of the Peace within and CO.
extensive with their respective counties, shall
have jurisdiction and authority: - fe
Ito administer any oath or affirmation au-
thorized or required by law to be administered:
2-To take the acknowledgment of deeds,
mortgages, and other instruments of writing:
3-To solemnize marriages: - - E5s.7
Ito issue subpoena for witnesses and coerce
their attendance in causes or matters pending be-
fore them, or other cause or matter wherein they
may be required to take depositions: *7r =
5-Try the action for the forcible entry and
detention, or the detention only, of real proper
6-To proceed against security for costs and
bail for the stay Of execution on their dockets:
ITO issue attachment and proceed against
the goods and effects of debtors in certain cases
8-To issue executions on judgments rendered
by them: s@' - *
|, 9-To proceed against constables failing to
make return, making false return, or failing to
pay over money collected on execution issued by
such Justice:
lO-To try the right of claimant to property
Ito act in the absence of the Probate
Judge in the trial of contested elections of Justices
of the Peace. @ss ~ $@t
Sec g. No householder or freeholder resident
of the county, shall be held to answer any sum-
mons issued against him by Justice, in a civil
matter, in any township of such county other
than the one where lie shall reside, except in the
cases following: -->- ~. ...a -t
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 49, 80 -.
+ 3-Where he shall be related, as father, father
in-law, son, son-in-law, brother, brother-in-law,
guardian, ward, uncle, nephew, cousin, to eth
of the parties, and there is justice in the
township competent to try the cause. In the
foregoing excepted cases, the action may be
brought before any justice of adjoining town.
ship of the same county, and the Justice shall
state his docket the reason of his taking uris-
diction: = s-- s..,.-s. 49,. .--.-r...-=. = -
4-Where the summons is accompanied with
osder to attach property, the jurisdiction shall
be CO. extensive with the county: .s.s4 .
5-When two or more persons shall be Jointly,
or Jointly and severally bound in any debt or con-
tract, or otherwise jointly liable in the same ac-
ton and reside in different townships of the same
county, the plaintiff may commence his action be-
fore 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
commenced in the township where one of the
original makers, drawers 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 Jurisdiction, the plaintiff, or
some person for him, shall file an affidavit setting
forth that fact: X ss.-rs -sr -
Elm cases of trespass. to real or personal
hall ho fi11 to hriD fho in
the township where the trespass committed,
or in the township where the trespasser or any
one of several trespassers reside a.r s
Sec A.. Under the restrictions and Limitations
herein provided justices of the peace shall have
cognizance ofany sum not exceeding one hum
=dred dollars. zs45 >.srgs gssss s..--.
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 dol
lars, the party by whom such balance shall be
claimed, may commence his action therefor be-
fore Justice of the peace: who shall have power
and he is hereby authorized to hear and determine
the matters in controversy 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 from judgment entered in his fa
vor for such balance, and shall recover judgment
for sum greater than one hundred dollars, be-
sides interest and COSTS he shall not recover costs
on such appeal. ..-eg4 sae4:-r=z 9.--.
y Sec g. In actions founded upon an undertak-
ing given in pursuance of law in any civil pro-
ceeding pending before 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 jurisdiction shall be concurrent
with the court of common pleas of the proper
county. .-~z%zsrss .-s.s4a a5--7 - -,
Ser. 7. 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 the application of the creditor,
to renderi Judgment on such confession against the
debtor for any sum not exceeding two hundred
dollars. .aes ,zss@rzrzs- -......-5 ,, E.
Sec. 8. Whenever the office of coroner
shall become vacant in any county, by death,
resignation, expiration of the term of office, or
otherwise, of where the coroner shall be absent
from the county, or unable from sickness or 9TH
er cause to discharge the duties of his Office, or
shall reside more than ten miles distant from the
place where the dead body of any person suppos-
ed to have come to his or her death by violence
casualty, may be found, any Justice of the
Peace of the county, shall be vested with all the
powers and shall perform all and singular the du-
ties appertaining to the office of coroner so far as
respects the power and duty of a coroner to hold
inquistion over any dead body found as aforesaid.
And when acting in the capacity of a coroner,
every such Justice shall be entitled to the same
fees as are or may be allowed by law to coroners
in such cases. - s.s.4@ - -aFaaz
Sec. 9. Justices shall have jurisdiction in ac-
tions for trespass real estate, where the DANA
ges demanded for such trespass shall not exceed
one hundred dollars, and no claim o f title to such
real estate set up by the defendant, shall take
away, or affect the jurisdiction hereby given.
Sec. 10. Justices shall not have cognizance
of any action: .r--#
ITO recover damages for an assault, or as