, 1854-05-27

LIST. In which the title to reul property
shall come in question.
ID. Nor to an action for the foreclosurS
Of mortgage, or the enforcement of a lici
on real estate.
Sd. Nor to au action for false imprison
ment, libel, SANDER, malicious prosecution
criminal conversation, or seduction.
4th. Nor to any action against an exc
cutoP or administrator, as such.
COMMENCEMENT OF ACTIoNs-sERvIcE AMI
RETURN OF PROCESS.
Sec. %. Every justice Of the peace
shall keep a docket, in a well bound book,
in which he shall enter
lst. The titles of all actions commenced
before him.
I'd. The object Of the action or proceed
ing, and if sum Of mon.y be claimed, the
amount Of the demand.
Sd. The date of the summons, and the
time of its return and if an order TO arrest
the defendant be made, the statement Of the
facts on which the order issued.
4th. The time when the parties, Or either
Of them, appear, or their non-appearance, if
default be made.
5th. A brief statement Of the nature Of
the plaintiffs demand and the amount
claimed and if any set-off be pleaded, a
similar statement Of the set-off, and the
amount estimated
9th. Every continuance, stating atwhOse
request and for what time.
9Th. The demand Of trial BY jury, when
the same is made, and by whom made the
order for the jury, and the time appointed
for the trial, and return of the jury.
Sth. The names of the jury who appear
and are sworn; the names Of all witnesses
sworn, and at whose request.
9th. The verdict Of the jury, and when
received If the jury disagree and are dis
charged, the fact Of such disagreement and
discharge.
10th. The judgment Of the court and the
time when rendered.
llth. The time of issuing execution, and
the name Of the officer to whom delivered,
and an accoont of the debt and costs, and
the fees due to each person separately.
18th. The fact Of an appeal having been
made and allowed, and the time when.
18th. Satisfaction Of the Judgment, or
any money paid thereon, and the time when.
l4ih. And such other entries as may he
material.
Sec. 26. Actions may be instituted be-
fore justice Of the peace, either by the
voluntary appearance and agreement Of the
parties, or by the usual process.
Sec. 9th. Whenever the plaintiff is
nonresident Of the county, the justice may
require Of him security for the costs before
the commencement of the action.
Sec. %. All process issued by Justices Of
the peace, shallrun in the name of the Uni
ted States, be dated the day it issued, and
shall be signed by the justice granting the
same, and shall be directed to the sheriff or
any constable Of the proper county.
Sec. 20. In all cases, not otherwise spe-
cially provided for, the first process shall be
q summons, directed to the sheriff or con-
stable, and commanding him to summon
the defendant to appear before such justice,
at time and place to be named in the sum
mons, not less than six nor more than twen-
ty days after the date thereof, to answer
the complaint Of the plaintiff.
Sec. 80. The summons shall be served at
least FIVE days before the time Of appear
ance therein mentioned, by delivering a
copy thereof, as provided for the service Of
process in the act regulating civil actions.
Sec. 81. Every constable or sheriff sorv-
ing any process, shall return thereon, in
writing, the time and manner of service,
and shall sign his name to such return.
Sec. 32. A justice of the peace shall is
sue warrant Of arrest in such cases within
his jurisdiction, and for such causes and up.
on such proof, as is provided for an order
for warrant in the act regulating civil ac-
tions.
Sec. 33. Before issuing the warrant Of
arrest, the justice shall require bond on
part Of the plaintiff, with one or more sure
ties, to the effect that if the defendant re-
cover judgment, the plaintiff will pay all
costs that may be awarded to the defend
ant, and all damages which may be sustain
ed by reason of the arrest, not exceeding
the sum specified in the bond, which shall
be at least one hundred dollars.
Sec. 81. The warrant shall be served
by arresting the defendant, and taking him
before the justice Of the peace who issued
the same but if such justice at the return
thereof be absent, or unable to try the ac-
ton, the officer shall Immediately take the
defendant to the nearest justice Of the same
county, who shall take cognizance of the
action, and proceed thereon as if the war;
rant had been issued by himself /
Sec. 35. The officer making the arrest
shall Immediately give notice thereof TO The
plaintiff, his agent, or attorney, and endorse
on the warrant the time of the arrest, and
the time of serving notice on the plaintiff.
Sec. SO. When defendant is brought
before justice on warrant, he shall be
detained in the custody Of the officer, until
he shall be discharged according to law /;
but in no case shall the defendant be de-
.a;nod InnnarE ~ n q four hours fronn