be recov tice of the peace. off, be reduced to the sum of sixty dollars or $60 it may under, then the balance, due on such deed or ered becontract, shall be considered as the real debt, fore a jus (without regard to any kind of penalty expressed therein) and shall be recoverable before a justice of the peace, in the same manner as any other debt or demand of sixty dollars or under is made recoverable by virtue of this act. ceeding 42. And be it enacted, That every sum of Penalties, money, or penalty, not exceeding sixty dol- not exlars, to be sued for and recovered by virtue of g60 cognany law of this state, in any court of record, or izable bein any court having cognizance thereof, shall fore a jus be and hereby is made cognizable before any peace. justice of the peace in manner aforesaid. tice of the Causes to 43. And be it enacted, That no judgment, be remov order, or proceeding, to be had or made by ed by cer virtue of this act, shall be removed by writ of tiorari error, but by certiorari only. only. how ob 44. And be it enacted, That no justice of the Writs of supreme court shall grant or allow any certio- certiorari rari to remove any judgment, order or pro- tained. ceeding, to be had by virtue of this act, unless the party, applying for such certiorari, shall present to the said justice the reasons therefor, drawn up in writing, and subscribed by some attorney at law, and the same be deemed by the said justice to contain a probable cause for allowing such certiorari; and also, unless such applicant shall enter into bond to the other party in the sum of one hundred dollars, with one or more good surety or sureties, conditioned, that such applicant shall prosecute the said certiorari in the supreme court, shall pay the sum recovered in the court below, with interest and costs, if the judgment be affirmed, and termined. shall in all things stand to and abide the judgment of the said supreme court respecting the judgment, order, or proceeding given or made by the court below; which said bond shall likewise be tendered to the justice granting such certiorari, to be by him filed with the clerk of the supreme court, for the benefit of the obligor therein named, and on failure thereof, no certiorari shall be allowed. 45. And be it enacted, That such certiorari And when shall be determined and adjudicated upon by to bed, the supreme court, at the first term at the furthest after due return thereof shall be made, or be dismissed, with costs; unless the said court shall think proper to adjourn the same till the next term for further argument or advisement. 46. And be it enacted, That if any judgment, lowed on to be given by virtue of this act, shall, on reaffirmance, moval by certiorari, be affirmed by the sureversal of preme court, the plaintiff in certiorari shall pay judgment. to the defendant all costs arising on such suit Costs al but not on be sued in the said supreme court; for which the party, entitled to such costs, may have execution, to be issued out of the supreme court, against the body, or goods and chattels of the adverse party; but if such judgment be reversed, then the plaintiff in certiorari shall not be entitled to any costs. 47. And be it enacted, That all attornies at Attornies law within this state shall, for any debt, deat law to mand or damages, be liable to be sued before under this any justice of the peace, by virtue of this act, in like manner and form of action, as other citizens of this state, not being attornies, are liable to be sued before such justice; any plea of privilege or exemption to the contrary notwithstanding. act as others. 48. And be it enacted, That in all actions, which may be brought by virtue of this act, the following and no other fees shall be allowed: JUSTICES. Serving every summons, 30 cents. 45 cents. 25 cents. to certiorari, Copy of proceedings when demand ed by the party, CONSTABLFS. Serving every warrant, Serving every subpoena, Summoning every jury of six men, 30 cents. Summoning every jury of twelve When summoned and attend 6 cents a man. ing, but cause not tried, WITNESSES. 15 cents. The same fees as are or shall be allowed in causes before the court of common pleas. Provided always, That no fee shall be allowed for the service of any subpoenas for more than two witnesses, nor shall fees be allowed to more than two witnesses for each party in a cause. 49. And be it enacted, That on all appeals as aforesaid heard and determined in the court of common pleas, the following and no other fees shall be allowed: The same fees as are or shall be allowed in causes before the court of common pleas. Provided, That no fee shall be allowed for the service of any subpoenas for more than two wit nesses, nor shall fees be allowed to more than two witnesses for each party in a cause. And provided also, That nothing in this act shall preclude the keeper of any gaol from demanding and receiving his legal fees and charges from persons committed to his custody by virtue of this act. Creditors sue in the common 50. And whereas creditors may, in particu- may in cerlar cases, be unable, in consequence of this act, tain cases to recover their just demands from persons who have real estates, but are possessed of no pleas goods or chattels, or to a small and inadequate value; for remedy whereof, Be it further enacted, That if any creditor shall, before any justice of the peace, declare on oath or affirmation, to be filed in the clerk's office at the time of sealing the process, that he believes the debtor is not possessed of goods and chattels sufficient to satisfy his demand, then such creditor may prosecute an action for the same in the court of common pleas, and if he obtain judgment thereon, the said court shall adjudge the defendant to pay the costs of such suit. cense not 51. And be it enacted, That it shall not be lawful for the court of general quarter sessions Tavern liof the peace, or any court of jurisdiction, hav- to be ing power to grant license to keep an inn and granted to tavern in any of the counties, cities or towns of the a justice corporate within this state, to grant a license peace. to any person to keep an inn and tavern, who shall be, at the same time, a justice of the peace, or in virtue of his office exercising the powers of a justice of the peace; and if any person shall be appointed a justice of the peace, or an officer with the powers of a justice of the peace, in any of the counties, cities or towns corporate within this state, during the time that he holds a license to keep an inn and |