The star. (Cincinnati [Ohio]) 1874-1875, 1875-04-17

reside, except that in joint actions
against the makers and endorsers Of
notes, due bills or bills of exchange, the
aclion shall be commenced in the town.
ship where one OF the original makers,
drawers or endorsers reside, and if it be
claimed by the plaintiff that an
end0rser endorsed the note or bill
at the time it was made and
the jurisdiction depends thereon,
before the Justice shall take jurisdiction
the plaintiff, or some person for him,
Shall file an affidavit setting forth the
fact; sixth, in cases of trespass to real
Or personal property, 1t shall be lawful
to bring the action in the township
where the ,trespass was committed, or In
the township where the trespasser or
any one oil several trespassers resides
seventh, where there is a promissory
note made payable at u particular place,
containing power Of attorney duly ex-
ecuted in presence of u witness, authOr-
izing the holder of such promissDry note
to appear by himself or attorney before
any Justice of the Peace OF the township
where such promissory note Is made
payable after the same shall become due,
confess judgment in favor OF the original
payee tor the amount due ON such
promissory note, then such promissory
note may be sued or collected, or judg-
ment rendered thereon, by confession
i'll the township where such place Of
payment is located, or in the township
where such promisor or debtor resides,
or either of SAID townships, at the option
OF the owner or holder Of such prOmis-
sorry note; and in all cases where suit is
brought under the provisions OF
this section the jurisdiction of the
Justice shall be co-extensive with
the county, provided before any such
suit shall : be brought on such
judgment confessed, noLice, in writing
snail be given by the holder OF such note
to the maker at least five days prior to
the rendition of such Judgment, OF the
time and place here the holder will ap-
apply to enter such judgment, and proof
of such notice shall be made at the trial
and such maker may appear and make
any legal defense to such note.
SEC. 70. In all civil actions after the
appearance of the defendant and before
the Court shall proceed to inquire into
The merits Of the cause, either party may
demand a jury to try the action, which
snail be composed Of twelve good and
lawful men, having the qualifications of
electors, unless the parties shall agree
on less number.
SEC. II. The Justice shall write in a
panel the names OF tWenty-four persons
citizens of the township, or if the action
be one in which the jurisdiction is not
limited to the township, then citizens of
the county, from wnicn the defendant,
his agent or attorney, shall strike one
name, the plaintiff, his agent or attor-
ney, one, and SO alternately until'each
shall have stricken six names, and the |
remaining twelve shall constitute the |
jury to try sucn case, and if either party |
neglect or refuse to aid in striking the |
jury as aforesaid the Justice snail strike |
the same in behalf OF such party.
SEC. 9l. If on appeal by the plaintiff |
from judgment ir his favor he shall not |
recover larger sum than one hundred |
dollars, exclusive Of interest, since the |
Justice, he shall be adJuuged to pay all |
costs in the Court ,ot Common Pleas, III
cluding fee of five dollars to the de- |
fendanps attorney; and if the defendant
shall demand set-0if or .counter-claim, |
or both. greater than one hundred do
lars, and he appeal from the Judgment |
rendered in his favor and do not recover |
one hundred dollars, he shall in like man.
ner pay all costs in The Appellate Court, |
including like fee to plaintiffs at |
torney.
SEC. III. In all cases not otherwise
specially provided by law, either party
any Justice OF the Peace to the Court of
Common Pleas, OF the county where the
judgment was rendered, when such judg-
ment, exclusive of costs, amounts to not |
less than one hundred dollars.
SEC. 1923. Appeals in the following
cases shall not be allowed: first, on |
judgment rendered on concession; Sec |
ond, in jury trials when neither party in |
their bill OF particulars claim sum ex-
ceeding one hundred dollars, and the |
Judgment, exclusive of costs, is less than
one hundred dollars; third, in the action
tor the possible entry and detention OF
iorcible detention Of real property
fourth, in trials for the right OF property
under the statutes, either levied upon
by execution or attached.
SEC. 2. That said original sections IS,
II, 81, as amended, Ill and 1-3, he and
the same are hereby repealed, and this
act shall take effect and be III iorce from
and after it's passage.
The above is a certified copy OF the
bill, and has been kindly furnished us
by Squire Evitt, VINO, with his usual
commendable energy, obtained it from
Columbus Immediately after its passage,
and boasts Of having the only certified
copy OF the bill in the city.
o., . --ssN.-
Court (aI[tn0S.