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tavern, and accepts of the said office, such license shall from thenceforth be absolutely
void. Constables 52. And be it enacted, That every person to give se- who shall be hereafter elected or appointed to required. the office of constable, in any of the townships
of this state, shall, before he enters upon the execution of his office, repair to the township committee, and if security shall be required of such constable by the said committee, he shall thereupon enter into bond to the inhabitants of the township in their corporate name and capacity, with one or more sureties, to be approved of by the said committee, in such sum as the said committe shall direct, conditioned for the true and faithful performance of all the duties enjoined on him by this act; wlich bond shall be delivered to the clerk of the township, who is hereby directed and required to record and file the same in his office; and the said township committee are hereby directed and empowered, if need be, to prosecute the said bond for and in behalf, and to the use of all persons, who may have sustained loss by the, . neglect or misconduct of the said constable.
(53. Repeals former acts.]
A Supplement to the act constituting courts for the (Rev. 368]
trial of small causes.
Passed February 16, 1799.
Sec. 1. BE IT ENACTED by the coun
cil and general assembly of this state, and it is justice to hereby enacted by the authority of the same, record re. That the constable to whom any execution turn of ex
shall be delivered by virtue of the before-re
cited act, shall, within thirty days thereafter, make return to the justice, who issued the same, of the proceedings had thereon, and the justice shall make a record thereof; and when it shall so happen, that goods and chattels cannot be found upon the delivery of such person with the execution to the sheriff, under-sheriff or gaoler, that such of said persons, to whom the prisoner is delivered, shall give his receipt to the constable for the same, who shall produce said receipt to the justice to be recorded as aforesaid ; which justice shall be entitled to receive nine cents for each record.
On judg 2. And be it enacted, That when any judg- gainst conment shall be had against any constable for any stable, exdelinquency in his office, execution shall im-ecution to mediately be issued against him for debt and mediately. costs.
3. And be it enacted, That the twenty- 28th of eighth section of the act, entitled “ An act con- former act stituting courts for the trial of small causes,
repealed. be, and the same is hereby repealed.
[Rev. 318. comp. 61.)
A supplement to an act constituting courts for the
trial of small causes, passed the fifteenth day of March, seventeen hundred and ninety-eight.
comp. 49) Passed November 30, 1801.
Sec. 1. BE IT ENACTED by the council and general assembly of this state, and it is hereby enacted by the authority of the same, That every suit of a civil nature at law where the debt, balance or matter in dispute does not Jurisdicexceed the sum of one hundred dollars, ex
justice exclusive of costs, shall be, and is hereby made tended to cognizable before any justice of the peace of 100dollars
tion of a
any county in this state, who is hereby authorized to hold a court within such county, to hear, try and determine the same according to law, and according to the same rules, regulations, and exceptions made and provided
in the before recited act for the trial of causes [Rev.313]
not exceeding sixty dollars, and according to [Rev. 368
a supplement to said act passed February the comp. 73]
sixteenth, seventeen hundred and ninety-nine. Provided always, nevertheless, The persons against whom a judgment shall be recorded for any sum above sixty dollars, giving the
security required by the aforesaid act, shall Stay of ex
have and is hereby entitled to a stay of execution six months after the recording such judgment.
[Rev. 313. AN additional supplement to the act entitled “ An comp. 49]
act constituting courts for the trial of small causes,”: passed the fifteenth of March, in the year seventeen hundred and ninety-cight.
Passed March 1, 1804.
Sec. 1. BE IT ENACTED by the council and general assembly of this state, and it is
hereby enacted by the authority of the same, All suits That from and after the first day of May next, on bonds, all suits brought or commenced before any hand, &c. justice of the peace in this state, on any bond to be in the or other specialty, note of hand, bill of exstyle of ac- change, book account, or any other demand
founded on simple contract for the payment of debt.
money only, shall be in the name and style of actions of debt and not otherwise; any law, usage, or custom, to the contrary notwithstanding
AN additional supplement to an'act entitled “ An
act constituting courts for the trialof small causes,” (Rev.,313. passed fifteenth March, seventeen hundred and
comp. 497 ninety-eight.
Passed November 29, 1809,
Sec. 1. BE IT ENACTED by the council and general assembly of this state, and it is hereby enacted by the authority of the same, That, in every action hereafter to be brought by virtụe of the act to which this is a supple. Offsets, ment, the defendant if he have any account or how and
mand against the plaintiff, shall be permitted mitted. to discount or set off the same against the account, debt or demand of such plaintiff; but such copy of his account, or state of his de- Comp. 55. mand so intended to be set off, shall be delivered to the said justice on or before the return day of the summons, or if on warrant then at the time of hearing of the cause, and in default thereof, the said account or demand shall not be received in evidence on the trial of the said cause; but if the said warrant shall not have been executed three days prior to the day of hearing, then the said defendant, if he have any account or demand to set off, and will en
[Rev.315. ter into recognizance as directed by the act to comp. 54) which this is a supplement, shall be allowed further time not exceeding three days, to de. liver to the said justice such copy of his account or state of his demand as aforesaid.
2. And be it enacted, That if any person or persons whatsoever, shall hereafter be arrested by virtue of a warrant granted by a justice of the peace, in a cause of a civil nature, it shall be lawful for the constable who served the same to permit the defendant to enter into bond to the
& how to
one of the on the
Bail, when plaintiff with a good and sufficient freeholder,
to the amount of the debt and cost indorsed on be taken on war. the warrant, for his, her or their appearance on rants in ci- the day and hour mentioned in the bond, not
less than three, nor more than eight days (excluding Sundays) from the service of the warrant. The bond to be entered into by the defendant shall be in the form and to the effect following, to wit: We, A. B. and C. D. do hereby acknowledge ourselves indebted to E. F, in the sum
to be paid to said E. F. on the following conditions ; that if the said A. B. shall be and appear before justices of the peace of
at o'clock answer unto the complaint of the said E. F. then this bond to be void, or else to be and re. main in full force and virtue. In witness whereof we have hereunto set our hands and seels the
of in the year of our Lord one thousand eight hundred and Sealed and delivered in the presence of G. H. and I. K.-Signed A. B. and C. D.--Which bond the said constable is hereby ordered and directed when taken to deliver to the justice on the return of the warrant to be by him filed in his office, to and for the use of the plaintiff; for which service the constable shall be entitled to twenty-five cents cost. And in all cases the said constable shall attend at the said justice's court on the day and hour mentioned in said bond to be there and then ready to secure and take into his custody the said defendant. And if the said justice shall not be found at his dwelling or usual place of holding trials, the defendant shall be permitted to renew his bond with sureties as aforesaid for his appearance on some future day not exceeding ten,