Recogni constable who serves such warrant shall endorse thereon the execution thereof, and sign his name thereto. Sec. 9. BE it further enacted, That the recognizance of bail to be taken, as is above provided, shall be in the following form, to wit county, township, ss. Whereas, A B hath been arrested and is in zance of bail custody at the suit of C D, in an action of for the sum of : Now, therefore, you O P do acknowledge yourself special bail in said action, in the sum of to be levied on your goods and chattels, lands and tenements, and for want thereof, upon your body, if default be made in the condition of your recognizance, which condition is, that the said A B shall be and appear before and if judgment be given against him or her, that he or she shall pay the costs and condemnation money, or render his or her body in execution. ses of default Acknowledged before me at 18 Which recognizance shall remain with such justice, for the benefit of the plaintiff in the suit; and if the defendant does not appear after such Proceedings recognizance entered into, at the time and place on recogni specified in the said recognizance, and no sufzance in ca ficient reason be assigned to said justice, why he or she does not appear; then the said justice may proceed to hear and determine the cause in the absence of such defendant; and when the parties to any suit, to be instituted by this act, shall appear at the time and place appointed for trial, the said justice shall proceed to hear and examine the allegations and proofs, and shall thereupon give judgment with costs of suit, according to law and equity, unless he 1 on amicable suits shall think it proper on the application of either party to adjourn the trial, which adjournment shall not be for a longer time than twenty days. Provided, That if either party or material wit- Proviso ness shall live in another state or county, the party may, on good cause shewn, by affidavit or otherwise, have the trial of the cause postponed for any term not exceeding four months. Sec. 10 Be it further enacted That when Proceedings parties agree to enter, without process, before any justice of the peace, any action herein made cognizable before him, such justice shall enter the same on his docket, and shall proceed to judgment and execution in the same manner as though a summons or warrant had been issued, served and returned. And in all other actions On failure of instituted by virtue of the provisions of this act, plaintiff to where the plaintiff does not appear by himself appear judg or agent, and it being made appear that he was entered informed of the day of trial, the justice shall against him enter judgment against him for the costs: Provided, That the plaintiff shall not thereby be debarred from renewing the action; but if it should be made to appear, that his non attendance was owing to the default of the constable in not giving him notice, the justice shall postpone the trial to a day certain, and the constable shall be liable for the attendance of the defendant, and also give notice to the plaintiff or his agent to attend, if he resides within the township. ment to be Proviso A balance being against pliff on trial Sec. 11. BE it further enacted, That if in any cause instituted as aforesaid, it shall appear at the trial, that there is a balance due to the defendant from the plaintiff, then the justice judgment to shall enter up judgment against the plaintiff, in be given ac favor of the defendant, for the sum so appearing cordingly to be due, with costs of suit; and such defend. aut shall be entitled to execution in the same appear manner as though such defendant had been plaintiff in the cause. Proceedings Sec. 12. Be it further enacted, That if the when defend defendant does not appear by himself or agent, ant fails to at the time and place appointed for trial, having had lawful notice given, and no just cause be shewn for his or her non-attendance, the justice may, at the request of the plaintiff, hear and determine the cause and enter judgment. ed New trial. Sec. 13. Be it further enacted, That when may be grar tjudgment has been entered against the defendbefore execu on pay ant in his absence, if he appear ment of cost tion is issued, and pays the costs, and requests the judgment to be opened, the justice shall grant a new trial and appoint a day the ref r, of which the defendant shall notify the plaintiff at least six days prior to the day appointed: Provided, That stay of execution shall only be prolonged from the date of the former judg Proceedings Sce 14. E it further enacted, That where when there there is no justice resident in the same township is no justice with the defendant, or the justice shall be a town father son or brother to either the plaintiff or in ย ship, &c. defendant, then the justice who is nearest and most convenient in the adjoining township, who is not interested, or father, son or brother to either party, shall have full and complete jurisdiction throughout such vacant township, until a justice of the peace is elected and qualified therein, and then shall deliver up to said justice a certified copy of all the business carried before him from such vacant township, which remains unfinished; and said justice shall proceed to act thereon in the same manner as if such business, actions and suits had been instituted before him. Sec. 15. Be it further enacted, That any time before judgment is entered, the plaintiff Proceedings and defendant agreeing thereto, may have the when parties cause submitted to the arbitration of three dis- agree to abi trate their interested men, who shall be chosen by the cause plaintiff and defeudant; and if the arbitrators. be present, they shall hear and determine the cause, on oath or affirmation, which shall be administered by the justice; but if the arbitrators chosen be not present, the justice shall issue subrœnas for them to attend on the day, time and place fixed upon, which shall be served by the constable or parties, as they may agree; and when the arbitrators are met and qualified, they shall hear and determine the cause, make out their award, sign the same, and make return thereof to the justice, who shall make entry of the same on his docket, and thereon render judgment; which judgment rendered on such award shall be conclusive upon the plaintiff and defendant, unless it shall be made to appear to the court of common pleas on an appeal, or to the justice of the peace who rendered such judgment, and within ten days from the rendition of the same, that such award was obtained by fraud, corruption or other undue means; and whenever satisfactory proof thereof shall be adduced before such justice, within the period aforesaid, it shall be competent for such justice to open his judgment, and set such award aside, and thereupon proceed to such final trial and judgment as though such award had never been made and no appeal shall be allowed to the court of common pleas from any judgment of a justice of the peace rendered on an award, unless the party praying such appeal, shall first file with such justice an affidavit or affirmation, in solemn form, setting forth that the affiant or affirmant verily believes that such award was ob means. And all arbitrators, acting under the provisions of this section, shall be entitled to receive sixty-two and a half cents each, per day, for their services; and the same shall be taxed and collected as other costs. Sec. 16. Be it further enacted, That if upon Proceedings on an appeal appeal from the judgment of any justice of the from judgr. peace, rendered upon an award, according to the rendered on provisions of the preceding section, the court of an award common pleas shall be satisfied that such award was obtained by fraud, corruption or other undue means, they shall order such award to be vacated and shall proceed to hear and determine the cause upon its merits, as in other cases of appeal: and if, upon appeal as aforesaid, the court shall be of opinion that the award was not obtained by fraud, corruption or other undue means, they shall proceed to final judgment, in such manner as the justice of the peace ought to have done. Sec. 17. Be it further enacted, That if any Appeals al person or persons shall conceive him or themlowed in ten selves injured by any judgment of any justice of days by giv the peace, it shall be lawful for any such person ing bond or persons to appeal to the court of common pleas, at any time within ten days after rendering such judgment, by entering into recognizance, with at least one sufficient surety in the full amount of debt and costs, and the costs that may accrue in the court of common pleas; and it shall be the duty of the justice if execution has issued to recal the same, and thereupon the Justice to justice who gave such judgment shall send a send a trans transcript thereof to the clerk of the court of cript common pleas of the county in which such appeal is made, on or before the first day of the term next following such appeal; and all further proceedings before the said justice shall be stayed |