Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1875-04-16
tFrom the Cleveland Herald.1
Duties Of Justices and COnstables.

AN ACT to amend Secs. g. rs, n, Ill and 1873,
and Sec. 81, as amended March 30, 1889, Ohio
Laws, Vol So, p. 80, Of an act entitled An
act Of the jurisdlction and procedure before
Justices OF the Peace and Of the duties Of
Constables in Civil Courts" passed March H.
1858
SECTION /. Be u enacted By the General As
ssms6ty % me STATE Of OHIO, That Secs. ., 70,
1859, Ohio Laws, Vol 81, p. 90, of an act entitled
" An act of the jurisdiction and procedure before
Justices of the Peace and of the duties of Con-
stables in Civil Courts" be so amended as to
SEC. 8. That no householder or freeholder, res
ident Of the county, shall be held to answer any
summons issued against him by Justice in a
civil matter in any township of such county other
than the one where he shall reside, except as
otherwise provided by Sec. of this act and in
First-Where there shall be no Justice of the
Peace for the township in which the defendant
may reside; or,
Second Where the only Justice residing there
in is interested in the controversy; or,
Third-Where he shall be related as father,
fathcr-in-law, son. son-in.law, brother, brother
in-law, guardian, ward, uncle, nephew, or cousin
TO either 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 any adjoining
township Of the same county, and the Justice
shall state on his docket the reason Of his taking
jurisdiction.
FoUrth-Where the summons is accompanied
with an order to attach property the Jurisdiction
shall be co-extensive with the county.
Fum-Where two or more persons shall he
Jointly or Jointly and severclly bound in any debt
or contract, or otherwise Jointly liable In the
same action and reside in different townships in
the same county, the plaintiff may commence his
action before Justice Of the township in which
any Of the persons liable may reside, except that
In joint actions against the makers and indors-
Of notes, due bills or bills of exchange the ac-
ton shall be commenced in the township where
one of the original makers. drawers or indorsers
resides, and II it be claimed by the plaintiff that
an lndorser indorsed the note or bill at the time
iuriadirtiOn nHa thnra
on, before the Justice shall take jurisdiction the
plaintiff, or some person for him, shall file an
affidavit setting forth the fact.
SiTth-1n 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 of several tresspassers resides.
Seuenth-Where there is a promissory note
made payable at particular place containing a
R4SsEs o. TIE 66def Of
note to appear by hinnself or attorney before any
Justice OF the Peace of the township where such
promissorV note ls made payable, after the same
shall become due, and confess judgment in favor
of the original payer for the amount due on such
promissory note, then such promissory note may
be sued and collected, or Judgment rendered
therein by confession, in the township where
such place of payment is located, or in the town
ship where such promissor or debtor resides or
either OF said townships, at the option of the
owner or holder of snch promissory notes; and
in all cases where suit is brought under the pro
visions of this exception the Jurisdiction of the
Justice shall be co-extensive with the county:
Provided, Before any such suit shall be brought
or such judgment confessed notice in writing
shall be given by the holder Of such note 20 the
maker, a. least five days prior to the rendition OF
such judgment, Of the time and place where the
holder will apply to enter such judgment, and
proof of such notice will be ade ut the trial. and
such maker may appear and make any legal de-
Tense to vote.
SEC. rs. In all civil actions, after the appear
ance of the defendant and before the court shall
proceed TO inquire into the merits of the cause
either party may demand jury to try the action
which shall be composed OF twelve good and law
fh men having the qualification OF electors, unless
the parties shall agree on less number.
SEC. "a. The Justice shall write in panel the
names of twenty-tour persons, citizens of the
township, or, il the action be one in which tht
jurisdiction ia not limited to the township, citi
zens of the county, from which the defendant, his
agent or attorney shall strike one name, the plant
III, his agent or attorney one, and SO alternate
ly until each shall have stricken six names; anC
the remaining twelve shall constitute the Jury Il
sry such case and Il either party neglect or refuse
to aid in striking the jury as aforesaid the jus
tice shall strike the same in behalf of such party
,rsEn SEC 81 # 70 on appeal by the plaintiff from
Judgment IN mis- fsyS6 o he shall not recover larg
fore the Justice, he shall be sdjudeed to pay
| all the costs in the Court of Common Pleas, in
attorney, and II the defendant shall demand a set
| off, or counter claim, or both, greater than 500
favor and do not recover $iOO, he shall in likt
manner pay all costs in the appellate court, in
| cluding like fee to plaintiffs attorney.
| SEC. Ill. In all cases not otherwise specially
| provided by law, either party may appeal from
the hnal judgment of any Justice of the Peace q
| the Court of Common Pleas of the county wher,
| the judgment was rendered when such Judgment
exclusive of COSTS amounts to not less than 500
| SEC. l23. Appeals in the following cases shal
/ not be allowed: n
1st on judgment rendered ON confession.
| ID In jury trials where neither party in the
| bill of particulars claim a sum exceeding
$50 and the judgment exclusive of costs is les
| than 800.
Sd. In the action for the forcible entry and de
/ tention or forcible detention Of real property.
4th. In trials for the right Of property unde
the statutes either levied upon by executions o
| attached
SEC. 9. That said original Secs. rs, n, 91, a
| amended, III and 123, be and the same are hereb
repealed, and this act shall take effect and be Il
| force nom and after Its passage.
MILTON Mccoy,
/ Speaker pro TEN. of the House Of Representa-
| tives. ALPHoHso HART,
President of the Senate.
Passed March 81, 1875.