Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1879-07-30
TIE NEW LAW FOR MAGIS-
IRA TIES.
INCREASING THEIR CIVIL JURISDICTION
TO $500 CASES.


Below win be found the new law on
the above subject which became opera.
tive July Z, 1879, by Governor Hoyts
failure 10 veto il, ami under which sew
cral suits have already been brought !;
An Act 10 Enlarge the Jurisdiction Of
Justices of The Peace, and Regulating
the Fees of ConstdJles making sales
under tbs act.
SECTION |. BE il enacted, etc, that
the Aldermen, Magistrates and JUS
tices OF the Peace in this Common.
wealth, shall have concurrent jurisdic-
tion with the Courts Of Common Pleas
OF all actions arising from contract,
either express or implied, and OF all
actions OF trespass and Of trover and
conversion wherein the sum de-
manded does not exceed three hundred
dollars, except in cases of real contract
where the title to lands or tcnements
may come in question, or action upon
promise of marriage.
SECTION 2. In all actions brought
before any Justice of the Peace, Mag
istrate or Alderman, on any contract
for the payment Of money, either ex-
pressed or implied, if the Plaintiff shall
file at any time before the issuing Of
the summons in any such case an affi-
davit stating the amount be verify be.
lieves TO be due from Defendant, to-
gether with a copy Of the book entries
or instrument OF writing upon which
the action is brought; or where the
claims are not evidenced by writing if
the Plaintiff shall file, as aforesaid, an
affidavit setting forth full and de-
tailed statement OF the same, it shall
be the duty of tho Justice, Alderman
or Magistrate to make q copy OF such
affidavit, duty certify the same and
deliver it to the Constable to whom
the summons is issued, which certified
copy shall be served at the time and
in the manner that service is made OF
the summons in the case, and the JUS
tice, Magistrate or Alderman shall
render judgment in favor Of the Plain
tiff for the amount of his claim, unless
the Defendant at or before the time at
which the summons is made returna.
BILE shall have filed with the Justice,
Magistrate or Alderman an affidavit
OF defense setting forth fully the ma
ture and character of the same: Pro
rided, that the affidavit required by this
section may made be by the agent Of the
party where such agent is cognizant
Of the facts constituting the cause of
action or defense, or other matter set
forth. And provided further, that moth
ing contained in this act shall be con.
strued to alter, impair or abridge the
right OF any person to appeal from the
judgment of the Justice of the Peace,
Magistrate or Alderman, or the GER
tiorari the proceedings to the Court of
Common Pleas OF the proper county
as in other cases. And provided further,
that nothing contained in this act shall
apply to Magistrates in cities of the
first class. And provided further, that
the fees allowed 10 Constables under
this act on all sales made be as fol-
lows: For all sales amounting to less
than fifty dollars, three per cent; for
all sales amounting to less than one
hundred dollars, two per cent; for all
sales above one hundred dollars, one
per cent.
SECTION 3. All acts or parts Of acts
inconsistent herewith be and the same
are hereby repealed.