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case.

Proceed.

estate.

in whose favor the said execution is issued, the debt, or damages, and costs, or any of them mentioned therein, to be recovered by action of debt, with costs, by the person so as aforesaid injured thereby; and if the constable, to whom any summons or warrant is delivered, shall neglect or refuse to serve the same, such constable shall be liable to pay damages to the party aggrieved, to be recovered, with costs, by an action of tresspass on the

30. And be it enacted, That when, in any plea ofti. action to be brought by virtue of this act, the tle to real defendant shall as a justification, plead title to

any real estate in himself or another, under whom he acted or entered, such defendant shall commit the said plea to writing, and, having signed the same, shall deliver such plea to the said justice, who shall countersign and deliver it to the plaintiff; and thereupon it shall and may be lawful to and for such plaintiff to commence and prosecute his action against such defendant, in the supreme court of the state ; and if, in such action, the plaintiff recover any damages, he shall be entitled to and recover

therewith all costs of suit. Such piea

31. And be it enacted, That on every trial

so to be had in such action, where title is pleadevidence, ed, the plea, so as aforesaid signed by the said

defendant, shall be conclusive evidence, that defendant relied

such defendant relied on his title by way of thereon. justification.

32. And be it enacted, That the said jusDefendant to give

tice, to whom a plea of justification is tenderbond be. ed as aforesaid, shall, before he receive such fore such plea, require and obtain from the defendant a ceived. bond, with one good surety, being a freehold

er in the said county, in the penalty of eighty

to be conclusive

that the

terms to

dollars, executed to the plaintiff, and conditioned, that if the said plaintiff shall commence such action before the next supreme court, the said defendant shall appear thereto, and put in special bail within twenty days after the first day of the then next term of the said court, and shall pay such costs as may be awarded against him in the said action; and that in every case, in which such plea is tendered, and the defendant shall not forthwith enter into such bond to the plaintiff, the said justice shall proceed in the same manner, if such plea had not been tendered. 33. And be it enacted, That from any judg- Appeals to

the comment, which may be obtained before any jus

mon pleas tice of the peace, except such as shall have in what been given on a verdict, or on report of re-cases & on ferees, or by default, or in the absence of the defendant, or on a debt, balance, demand, or be grant. other matter in dispute, not exceeding three dollars, either party may appeal to the court of common pleas of the county, to be holden next after the rendering of such judgment; which appeal the said justice is hereby directed to grant on the following and no other terms, that is to say, the party demanding such appeal shall enter into bond to the other party with at least one sufficient surety, being a freeholder in the county, and in double the sum for which such judgment was given, conditioned, that the appellant shall appear and prosecute the said appeal in the said court of common pleas, shall stand to and abide the judgment of the said court, and pay such further costs as shall be taxed, if the judgment be affirmed.

34. And be it enacted, That the several Courts of courts of common pleas, in and for the respec

pleas to tive counties of this state, shall have cogniz- have cogn

ed.

common

izance of ance of, and hear and determine all such apsuch ap- peals, in a summary way, and give judgment peals.

and award execution thereon with costs, either on the affirmance or reversal of the judgment so appealed from. But the same and no other documents, proofs and witnessess shall be produced and examined in the said court of appeals, as had been previously produced and examined in the said court below; except where the justice shall have admitted illegal, or rejected legal evidence, and then such court of common pleas, on the hearing of the said appeal, shall reject such illegal evidence, so admitted, or admit such legal evidence, so re

jected, by the said justice. The jus

35. And be it enacted, That no justice of tice who the peace, who heard and determined the said cause, not cause, shall sit as a judge of any of the courts

of common pleas, on the hearing and deterthe appeal. mining of the same cause on appeal, or give

any opinion thereon.

36. And be it enacted, That the justice, On appeal, the bond,' who grants an appeal as aforesaid, shall send a and copy of transcript of the proceedings and judgment in proceed: the said cause, under his hand and seal, tosent to the gether with the bond aforesaid, to the clerk of clerk ofthe the court of common pleas, to which such ap

peal is made, on or before the first day of the court next ensuing such appeal.

37. And be it enacted, That in every suit to

be instituted before any justice of the peace by reference virtue of this act, and in every appeal to be may be en- made before any court of common pleas, it the justice, shall and may be lawful for such justice of the or by the peace, or court of common pleas, as the case pleas, on may be, with the assent and at the request of appeal. the parties, to enter rules of reference of the

matters in difference, to such persons as shall

to sit on

court.

Rules of

be nominated and agreed upon by and between the parties; and the reference, so made, shall and may be conducted in the same manner in all respects as directed in the case of references by rule of court, in and by the act, entitled, "An act for regulating references, and determining controversies by arbitration,” and the report of the said referees, or the major part of [Rev. 141] them, whether in favor of the plaintiff or defendant, appellant or appellee, shall be final and conclusive to the parties, judgment shall be entered thereon, and execution issue accordingly.

38. And be it enacted, That it shall be the duty of every justice of the peace,

before whom Justice's

docket, any suit shall be instituted, to enter, in a book how to be to kept for the purpose, the names of the plain-kept. . tiff and defendant, the style and nature of the action, the sum demanded, the time of issuing process and when returnable, the return made thereto by the constable, when the copy of the account, or state of the demand was delivered by the parties, or either of them, the time of taking the recognizance, the adjournment, the rule of reference and report of referees, the jury, when and by whom demanded, the venire, when issued and how returned, the time of trial, and names of the jurors and witnesses, the admission of evidence objected to, and the rejection of evidence offered, the verdict and judgment, and when given, the execution, when issued and its endorsement, and how returned by the constable, the appeal, when and by whom demanded, and all the proceedings before him had touching the said suit; and further, that it shall be the duty of such justice to grant to either party, when required, a certified copy of such proceedings. 39. And be it enacted, That the book, in

I

when,

persons

To be left which such proceedings shall be entered by clerk's of any justice of the peace, shall, within one year fice, and after the death of the said justice, be deposited

in the office of the clerk of the county, wherein the said justice resided and held his commission, to be there kept as a public record ; and if the executors or administrators of such deceased justice shall neglect or refuse to deliver the said book, at the expiration of the said term of one year, to the said clerk as aforesaid, he, she or they, so refusing or neglecting, shall forfeit and pay the sum of sixty dollars, to be recovered by action of debt, with costs, in any court having cognizance of the same, and paid, when recovered, to the collector of the county for the use of the county.

40. And be it enacted, That if any person Penalty on

shall institute à suit for any debt or demand, suingo

made cognizable before a justice of the peace, than is di- in any other court than is hereby directed, and rected by obtain judgment thereon for any sum, which,

without costs, shall not exceed sixty dollars, then such person shall not recover or have any costs in the said suit; unless, before the commencement of the suit, he shall have taken an oath or affirmation before a justice of the peace, and filed the same in the clerk's office of the court, in which such suit was instituted, stat. ing, that he believes, that the sum due, or damages sustained, exceed sixty dollars, and then, if he recover any sum whatever, the defendant shall be liable to pay costs.

41, And be it enacted, That whenever any

bond, bill, note or other contract in writing, If the bal. for the payment of any sum of money above ance on sixty dollars, shall, by a bona fide payment of note,'ex part of the consideration money, the receipt ceed not whereof shall be endorsed thereon, or by set

therwise

this act.

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