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

OF the Jurisdiction Of Justices of the Pence.
BE snae'ei BY the General assembly Of the state Of
! ohio:
Sec. L. The Jurisdiction Of justices of the peace in
civil cases shn unless otherwise directed by law he
United to the township wherein they may have been
I lcctcd and where they shall reside.
Sec. > Justices of the peace within and cocxtcnsve
with their respective countless shall have Jurisdiction
and authority:
/ /. r" administer any oath or affirmation authorized
or required ly law 10 he administered:
p T0takc the acknowledgment Of deeds, mortga ages
aud other instruments of writing:
! J. To sOlrmniZe marriages:
4. 10 issue subpoena for witnesses and their al
tendance in causes or matters pending before them or
other matter wlcucver they may be- required TO
take depositiuns
;. To,y the action for the forcibe entry and dcten
tion, or the detention only, Oi real property:
q. 70 proceed against security Tor costs and bail for
the siav Of execution On their dockets:
7. 10 ata hmen and proceed against the goods
and lrrls of debtors ~ certain cases:
!. To issue executions on judgments rendered by
urn making false return, failing to pay over money
collected On execution issued by such justice:
! IN execution or On attachment:
H. To a.; in the absence of the probate Judge in the
trial ol contested elections OF Justices OF the peace:
Sec 3 No householder or fccholer resident of the
county shall he held 10 answer any summons issued a
galns him by justice IN civil matter in any township
"i such county other than the one where he shall reside
except IN the cases folowing
L. Where there shall lie 40 justice of the pea Tor the
township IN which the defendant may reside; or
g Where the only justice residing therein is
.
D. Where he shall be related, father, father in law
Hnn, son law brother brother guard an " ard
uncle, nephew, or cousin, to either oi the parties aud
hcr" IN no justice IN tie township competent try the
cause In tie foregoing excepted cases, the may
lc brought before any justice of an adjoining township
Of the same county aud the stcc shall state on his
docket the reason ol his taking jursd ction
J !. where the summons is accompanied with an or.
dor To attach proprrty, the jurisdiction shall he
sIvc with the county:
). When two more persons shall he Jointly or Joint,
ly and sevcraly hound in any debt contract or 9th.
cTwisc jointly liable in the same action, aud reside in
different townships oi the same county, the plaintiff Hs sy
commence his action before Justice Ol the in
which any Of the persons liable reside, except thai IN
JOINT actions against the makers and endorsers of notes
duthils or bills Of exchange, the action sha lie com.
menced in the township where of the
drawers or endorsors reside and III he claimed by the
palhll ial an ondo ser endorsed the note bill at the
I'm" II was made, aud tho Jurisdiction depend thereon
heloe the justice shall take jurisdiction, the plaintiff or
som, person Tor him, shall lille an affidavit setting forth
that iaCi '
g. In cases of trespOss to real personal property ii
shalt lie lawful to bring the action in tho ownshp wIerc
The irespns1 wascommiiicd, The where the
ucspasscr or any one ol several trcspasscrs reside
see, T. Under the restrictions aud Limitations herein
provided, Justices of the peace shall have cognizanco of
ANY sum not exceeding one hundred dollars.
Soc. :. When the balance claimed TO he due on any
open or unsettled account any bI note or bond
shae less than one hundred dollars the party hy whom
such balance shall he claimed may romncnrc ~ c'i
lrrulb before Justice Oi the peace who shall have
Inwcr and he Is hereby authorized 10 hear and
ura'ct' III controversy without regard to the amount
1 the original account contract and he may render
Judgment for any balance found due, not excccing nnc
hundred dollars, aud II any p0iniG appeal from udr
nen entered IN his favor Tor such la ance aud shall re-
cover JUDGMENT for greater than one hundred dol
lars besides interest and COSTS he shall not costs
ON such appeal. " ~
set. d. In actions founded upon an ing pvcn
~ pursuance ofaw in any rivii proceeding pcndnr he
lore alu.lcc, such justice his in Office sha
have Jurisdiction co extensive with his ronnty and
the sum due or demanded on such undertaking cx
trrdS one hundred dollars the jurisdiction shall he
county. N f'''f''
Soc, :, u any debtor shall appear before Justice of
The peace without process confess that he indcL,
ed to another, shall be lawful for such Justice on ibe
application of the creditor render dpmcnt on such
, two hundred dolOrs. N'''"'"s
Sec. 4. Whenever the office of Coroner shall become
vacant many county, by death, resignation expiration
oi me term once or otherwise, where The coroner
sha he absent rom the county unable from
or 9her cause To discharge the duties of his Office or
sha reside more Than ten miles distant from Tho nace
hody OF any person surpassed to have come
"hror htrhtMh b? v0lone or cNusalily may he found
any Justice of II reace Of the county shall he vested with
sl Tue powers aud shall perform all and singular the
duties appona nainng 10 the office coroner so nr as /,
respects the power and duty of coroner TO hold
ton over any dead body found AZ aforesaid And when
aelng ~ ho capacity ofa coroner, every such Justice
shalc emitted tn the fees are or NAV he aiIowcd
by lS" Ia ,nroneTs In such cases, "'"
Sec D. Justices shall have Jurisdiction in actions for
respass real ate, where ihe damages demanded u
such espass shall not exceed hundred doars and
no claim oi title to such real D hy the defend
ant shall take away or affect the jurisdiction hereby
see. 10, Justices shall no, have eogninsnee of .nv
action: " "''
l. To recover damages for assault, OF assault and
haucry;oT ~
.. In any action for malicious prosecution; or
?. In actions against justices ofthe peace, or other
officers l" misconduct in Office except In the cases pro
yided for In this act; NV
4 In actions for slander, verbal or written; or
.. IN actions an contracts for real estate; or
o. In actions IN which the title real est At ia
To he recovered or may he drawn question eIcen ac
ions fespass on real estate which are prov ded for I'M
this act. "
ARTICLE II.
OF the commencement Of suits, service and
return of process, and proceedings in arrest
and attachment.
See. II. Actions before justices Of the pcoce
are commenced by summons, or by the appcnr.
unce and agreement of the parties without sum.
mons. In tho former, the action il deemed
commenced upon delivery of the writ 10 The