.

sentum damage thereon, and in which case there shall be no stay of execution.

the instance

of the const.

Sec. 31. Be it further enacted, That in all Justices may cases where the constable shall make it appear issue a 20 to the satisfaction of the justice that he has execution at been deprived of an opportunity of levying an execution directed to him within the time preseribed by this act, or otherwise prevented from making the whole of the money therein requir ed to be made, and make a return to the justice who issued the same to that effect, such justice is hereby authorised and required to issue execution, if thereunto required, for the balance of such execution remaining unsatisfied, which shall be served and returned in all respects as other executions are under this act.

Witnesses

Sec. 32. Be it further enacted, That when any person or persons shall be lawfully subfailing to at poenaed to attend and give testimony in any suit tend penalty instituted before any justice of the peace, such for witness failing to attend at the time and place specified in such subpoena, and no reasonable excuse given for his or her non-attendance, every such witness shall forfeit and pay a fine not exceeding eight dollars, at the discretion of the justice, and moreover be liable to the party injured for such damages as the person or persons may sustain for the want of such witness, to be recovered before any court having cognizance of the same. And every justice of the Justice may peace, before whom any cause is pending or ment for may be decided, shall issue an attachment for witnesses every person so failing, on the application of the person who may be injured thereby: Pro. Provise vided however, That if any person shall order a subpoena for more than two witnesses, to prove any one fact, the person ordering the subpoena shall pay such witness or witnesses, or in case

issue attach

Fines how

t

any witness shall be subpoenaed and not called to examination by either of the parties, the party ordering such subpoena shall pay such witness, except the defendant confess judgment or where the plaintiff was non-suited.

Sec. 33. BE it further enacted, That all fordisposed of feitures and fines that are not otherwise disposed of by this act, shall be paid into the township treasury, where such offence has been committed.

Sec. 34. BE it further enacted, That the forms of recognizance shall be as follows, to wit:

In cases of appeal.

In the suit of A B against CD, I, E F, do acknowledge myself bail,

the sum of

i

appellant, for dollars, to be levied on my goods and chattels, lands and tenements, in case said appellant fail to pay the debt and costs that may accrue in the court of common pleas.

And the form of recognizance of bail for stay of execution, as follows:

In the suit of A B against C D, I, E F, do acknowledge myself bail for C D, in the sum of to be levied on my goods and chattels, lands and tenements, in case the said C D fails to make payment for the sum for which judgment is entered in said suit.

Sec 35. Be it further enacted, That the form of scire facias against bail, where execution has been issued against the principal and the money is not paid, shall be as follows, to wit:

The state of Ohio,

To constable of

scire facias (L. S.) Whereas, A B against C D, for the sum and costs, on the

county, ss.

of

day of

township, greeting : recovered judgment dollars, debt last, as

1

appears of record: And, whereas, E F, on the
day of
became security, in behalf
of said CD, for the payment of the debt and
costs to the said A B, as also appears of record,
which debt and costs are not yet paid: You
are therefore commanded to summon the said
E F forthwith to appear before me, at

to

shew cause, if any there be, why execution should not issue against him for the debt and costs aforesaid, and of this writ make legal service and due return.

of

Given under my hand and seal this

18

day

And a form of a scire facias against the constable shall be as above, only changing it agreeably to the name of the case.

Sec. 36. Be it further enacted, That the following shall be the form of process in civil 'cases:

Form of a summons.

The state of Ohio,

(L. S.) To

greeting:

county, ss.

Form of

constable of township, summons

You are hereby required to summons A B to be and appear before me,

of the peace of said township, on the

a justice

day

of
at o'clock on said day, to answer
CD in a debt or damages, as the case may
be, and of this writ make legal service and due

Form of execution

of A B and him forthwith bring before me,
a justice of the peace for township,

to answer C D, in a debt, or damages, of
and of this writ make legal service and due re-

greeting:

county, ss.

constable of township,

Whereas, A B obtained judgment against C D, before me, a justice of the peace of township, for a debt of

day of

costs,

and on the last: You are therefore commanded to levy the said debt and costs, and costs that may accrue of the goods and chattels of the said C D, by distress and sale thereof, returning the overpius, if any, to the said C D, and of this writ make legal service and due return.

of

Given under my hand and seal this

18

day

Form of an execution where no bail was given.

The state of Ohio,

Execution (L. S.) To

when no bail greeting:

county, ss. constable of township,

was given Whereas, A B obtained judgment against C

D, before me, a justice
township, for a debt of

on the

day of

of the peace of said

last: You are therefore commanded to levy the said debt and costs, and costs that may accrue, of the goods and chattels of the said C D, by distress and sale thereof, returning the overplus, if any, to the

said CD, but for want of such property, whereon to levy, then take the said CD to the jail of said county, there to be detained until the said debt and costs, and costs that may accrue, shall be paid, or he otherwise legally discharged; and of this writ make legal service and due re

tura.

of

Given under my hand and seal this

18

day

Sec. 37. Be it further enacted, That no suit Suits not shall be quashed for want of form of the writ in quashed for case it contains the substance.

want of form

justice

Sec. 38. Be it further enacted, That nothing What in this act shall be construed or understood to actions not extend to actions of trespass on real property, cognizable or trespass with force of arms, for assault and before a battery; actions for malicious prosecutions, or actions against justices of the peace for misconduct in office, except in cases provided for by this act; actions of ejectment brought to obtain possession of lands and tenements; actions of replevin; actions of detinue; actions of slander; actions of real contract, for the sale or convey. ance of lands and tenements, or when the title of lands is called in question.

Sec. 39. Be it further enacted, That when- Constable ever any living creature is taken on execution, allowed for it shall be the duty of the justice who issued the keeping ani said execution, to make such allowance to the mals while constable for keeping the same to the day of sale, tion as he may think just and reasonable; and all sales of property to be made by virtue of this

under execu

act, shall be made between the hours of ten Time of o'clock A. M. and four o'clock P. M. at the making sales house where such property is executed, or at one of the most public places within said township; and the justice who issued the execution in such ase, or the constable making such sale, shall