Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-07-14

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en-, and By the jailor of the county.
Sec. eli. When person intending TO
bring an action before justice of the
peace is a nonresident Of the township
in which he intends to commence such
action, the Justice may, previous to his
Issuing process, require such person to
give security for the costs of suit, which
may be done by depositing a sum of
money deemed by the justice to be sufh-
cient to discharge the costs that may
accrue in the action, or by giving an un-
dertaking with surety approved by the
Justice, payable to the adverse party, for
the payment of all costs that may accrue
in the action.
| Sec. e1s. If any plaintiff or plaintiffs
after commencing an action before a JUS
tice in the township in which he or they
reside, remove out of the county, the
Justice may require such plaintiff or
plaintiffs to deposit sum of money
equal to the costs that have accrued and
that probably viii accrue, or require in
place thereof that such party give sufi-
cient surety for all costs which have ac-
crued or which may accrue in the action,
and in default to do either shall enter a
nonsuit against the plaintiff or plain
tiffs.
Sec. e19. That in all actions instituted
before justice of the peace founded up
on any bond, sealed bill, promissory
note, or other instrument of writing for
the payment of sum of money certain,
upon which the whole amount of money
therein promised is due, it shall be the
duty of the plaintiff, his agent or attor-
ney, to file said bond, sealed bill, prom
issory note, or other written evidence of
Indebtedness, upon which such suit is
brought with such justice of the peace;
and if upon the trial, judgment shall be
entered thereon, in favor Of the plaintiff,
such bond, sealed bill, promissory note,
or instrument of writing shall be retained
by the justice so rendering judgment,
who shall endorse thereon the sum for
which he shall have entered judgment,
provided the same shall in nowise ex
ceed one hundred dollars, unless judg
ment thereon shall have been confessed, J
and shall subscribe his name thereto
And upon payment or tender of the
amount of such payment, together with
the costs accruing thereon, or securing
the payment of the same by putting in
bail for the stay of execution, it shall
not be lawful for the plaintiff to institute
any other suit or suits upon said bond,
sealed bill, promissory note, or other in
strument of writing, for the recovery of
any farther sum or sums, the payment
of which is secured by the same bond,
sealed bill, promissory note, or other
written evidence of Indebtedness: Pro
Vided, that when an appeal shall be ia
ken from the judgment of such justice,
it shall be his duty to deliver or transmit
any bond, sealed bill, promissory note,
or other written evidence produced be-
fore him on trial, to the clerk of the
court of common pleas, to which such
cause shall have been appealed, on or be-
fore the second day of the term of the
court next after taking such appeal
Provided, also, that nothing herein con-
tanned shall be construed to lessen or in
any wise affect the right which any ere
ditor now have to demand from any JUS
tice of the peace, any joint and several
obligations for the purpose of prosecu-
ting any party to said obligation other
than the party against whom judgment
may have been rendered.
Sec. 220. 1t shall not be lawful for
any justice of the peace to purchase
any judgment upon any docket in his
possession, and for so doing for every
such offence such justice shall forfeit
and pay a sum not more than fifty nor
less than ten dollars, to be recovered by
an action before any court having juris
diction thereof, and when collected shall
be paid into the treasury of the town.
ship where such offence was committed.
Sec. gel. The provisions of this act
do not apply to proceedings in actions or
suits pending when it takes effect
They shall be conducted to final judg-
ment and determination in all respects as
if it had not been adopted.
ARTICLE XIV.
Sec. 222. The act defining the powers
and duties of justices of the peace, and
constables, passed March 18th, 1881,
and acts amendatory thereto, passed De-
cember 31st, 1881, February 25, 1888,
March Sd, 1884, March 18th, 1874,
February 18th, 1846, February 9th,
1847, February Gath, 1848, March Esd,
1849, the act allowing jurors before JUS
tees of the peace, passed February 14th,
1910, and acts amendatory thereof,
passed March 4th, 1845, February 23d,
1916, the act allowing and regulating
attachments before justices Of the peace,
passed January 7th, 1924, and acts
amendatory thereof, passed January
10Th, 1889, February 9th, and March
14th, 1850, the act to revive certain acts
therein named, passed March 18th,
1845, sections one, FIVE and six of an act
to regulate proceedings before justices of
the peace, passed March "a, 1849, and
an act defining the duties of justices of
the peace, and constables in civil cases,
passed March 25th, 1851, the act enti-
tied an act to regulate the action of for
chile entry and detainer, passed Febru-
airy 25th, 1881, and acts amendatory