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Form of a mittimus or commitment.

The state of Ohio,

county, ss.

(L. S.) To the keeper of the jail of the county Mittimus

aforesaid, greeting;

Whereas, A C, late of

in said county,

town,

has been arrested by the constable of
ship in said county, [here give such description
of the crime or offence as will best suit the na-
ture of the case and agree with the facts:
Therefore, on behalf of the state of Ohio, I
command you, that you receive the said A C
into your custody, in the jail of the county
aforesaid, there to remain until he be discharged
by due course of law.

of

Given under my hand and seal this

18

day

Sec. 3. Be it further enacted, That if any Penalty for person or persons shall challenge another to fight challenging to box, &c. at fisticuffs or with cudgels, or shall endeavor to provoke any other person or persons to commit an affray, every person or persons so offending shall, on conviction thereof, forfeit and pay for every such offence, a sum not exceeding five dollars nor less than one dollar, to be collected as other fines are; and every justice of the peace of the county where the offence shall have been committed shall have cognizance thereof: Provided, however, That such prosecution be com menced within five days from the time the of fence was committed; and all fines and penal- Fines to go ties, imposed by the provisions of this section, into town shall be paid into the township treasury where shiptreasury the offence was committed, for the use of the township, within fifteen days after the same shall have been collected. And if any justice Fenalty on shall fail to pay over such money as aforesaid, neglect to the treasurer of the proper township shall sue

Proviso

pay over

Proviso

"for and recover of the said justice, in an action of debt or damages, the said money, with twenty-five per cent. damages thereon for the use of said township: Provided, That nothing in this section shall be construed to extend to any case where an actual assault or battery shall have been committed.

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Sec. 4. BE it further enacted, That consta Duty of con bles shall be the ministerial officers of the courts stables as held by justices of the peace, in their respecpeaceofficer's tive townships, and it is hereby made the duty

of the constables to apprehend and bring to jus tice felons and disturbers of the peace, to suppress riots, and to keep and preserve the peace in their respective townships. And the limits of constables of constables in the service of process, in crimi in criminal nal cases, shall be co-extensive with the county

Jurisdiction

cases

in which they were elected or appointed, and reside; and in criminal cases where persons are making their escape from justice, they are by this act empowered and authorised to pursue after and take such absconding person in any county within this state; and in serving subpœnas for witnesses, their jurisdiction shall extend throughout their respective counties only; and they shall, moreover, serve such legal proIn civil cases cess in civil cases, as may be by the justices of the peace to them directed, and govern themselves therein agreeably to the provisions of this act, and to do and perform such other services as may be directed by law; and every constable, Constables to within ten days after his election or appoint give bond ment, and before he enters on the duties of his office, shall appear before the clerk of the township, and give bond with one or more sureties, resident in the township, such as the trustees thereof shall approve, in any sum not exceeding one thousand dollars nor less than four hundred.

dollars, payable to the township treasurer, con ditioned for the faithful discharge of the duties of his office, and the township, clerk shall make an entry of such bond, and file the same in his office.

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of J P in ci

vil cases

Proviso

Sec. 5. BE it further enacted, That the powers of the justices of the peace in this state Jurisdiction shall, in civil cases, be co-extensive with the township in which they may respectively be elected and reside, and their jurisdiction, in such cases, shall extend, under the restrictions and limitations hereinafter provided, to any sum not exceeding seventy dollars; Provided, Any justice of the peace may grant subpoenas for witnesses for either party concerned in the cause pending; but such party shall not be allowed fees for travel or serving the same, if performed by himself: Provided, That the power of justices of the peace to subpoena witnesses shall be co-extensive with the county: Provided also, That, in any case, if any person or persons shall voluntarily appear before a justice of the peace and confess judgment, in such case the jurisdiction of a justice of the peace shall extend to two hundred dollars, from which judgment there shall be no appeal.

Justices to

Sec. 6. Be it further enacted, That every justice of the peace shall keep a docket in which keep a he shall make fair and accurate entries of all docket; actions and suits instituted before him, with his proceedings thereon; and if either of the parties require a copy of the proceedings, the justice shall furnish the same.

Sec. 7. BE it further enacted, That where Proceedings the defendant is a householder within the town- when deft. ship, and resides within the same, a summons is a house shall be the first process to be issued by virtue holder to be of this act, on which summons the justice shall by summons

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Manner of service

tiff, together with the costs which have accrued, and the summons to be issued as aforesaid, shall specify a certain time, not less than six nor more than twelve days from the date of such process; and also a certain place at which the defer.dant is to appear, and shall be served at least three days before the time of appearance mentioned therein, by reading the same to the defendant, or by serving him or her with a copy thereof, if required; but if he or she cannot be found, by leaving a copy at his or her house of place of abode, in presence of some person of the family, of the age of fourteen years or upwards, who shall be informed of the contents thereof. And the constable serving such summons, shall endorse thereupon the time and manner of service, and shall subscribe his name Justices duty thereto. And in all cases where service of prowhen service cess is made by leaving a copy at the defendant's is made by house or place of abode, it shall be lawful for the justice of the peace to continue the cause from time to time, until the defendant shall have returned to his home, and received notice of the pendency of such suit. And such continuance shall rest in the sound discretion of the justice of the peace, taking into view all the circumstances of the case: Provided, That in all cases where it shall be sufficiently proved on oath or affirmation of any person to the satisfaction of the justice, that the plaintiff will be in danger of losing his or her demand unless the defendant be arrested, it shall be the duty of the justice to issue a warrant in nature of a capias, which shall be proceeded in as hereinafter provided: Provided also, That where the plaintiff lives out of the township or county, and his demand is on bond, promissc note, or bill sent to any

leaving a

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Proviso

Further proviso

!

justice of the peace for collection, in that case it shall be discretionary with the justice to determine the most proper precept to secure the debt to the plaintiff, any thing herein contained to the contrary notwithstanding: Provided also, That no person who is a householder or freeholder, shall be bound to answer unto any summons or warrant, in civil cases, issued by a jus tice of the peace in any other township, except in the township in which such defendant actually resides, unless there is no justice of the peace within said township who can legally is sue said summons.

Sec. 8. Be it further enacted, That a warProceedings rant in nature of a capias ad respondendum when deft. shall be the proper process under this act, in all is not a resi cases where the defendant is not a resident and dent of the householder of the county where such process county shall be issued, upon which the justice shall endorse the precise sum demanded, together with the costs that have accrued; and the said warrant shall be made returnable forthwith after the service thereof: and the constable serving or executing the same shall, according to the command thereof, forthwith convey the defendant before the justice who issued the same, and the said justice shall thereupon either cause the said defendant to give bail for his, her or their appearing and abiding the event of said suit, or on neglect or refusal to give such bail, shall order the constable to convey him or her to the jail of the county, there to be kept in custody till the time appointed for the trial of the cause, which shall not exceed three days from the day of the return of the warrant, or the justice may direct the constable to hold the defendant in his custody until the plaintiff shall have notice and time to attend and proceed to trial; and the

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