tavern, and accepts of the said office, such license shall from thenceforth be absolutely void. Constables 52. And be it enacted, That every person of this state, shall, before he enters upon the [Rev. 368] A Supplement to the act constituting courts for the trial of small causes. Passed February 16, 1799. Sec. 1. BE IT ENACTED by the council 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 ecution, 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 ment a 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. issue im Section 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the act, entitled "An act con- former act stituting courts for the trial of small causes,' be, and the same is hereby repealed. A supplement to an act constituting courts for the trial of small causes, passed the fifteenth day of March, seventeen hundred and ninety-eight. Passed November 30, 1801. repealed. [Rev. 318. comp. 61.] [Rev. 313. comp. 49] 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- tion of a justice exclusive of costs, shall be, and is hereby made tended to cognizable before any justice of the peace of 100 dollars K [Rev.313] 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 not exceeding sixty dollars, and according to [Rev. 368 a supplement to said act passed February the 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 Stay of ex- security required by the aforesaid act, shall have and is hereby entitled to a stay of execution six months after the recording such judg comp. 73] ecution. ment. [Rev. 313. AN additional supplement to the act entitled " An comp. 49] All suits notes of 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, 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 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, name and tions of debt. AN additional supplement to an act entitled "An act constituting courts for the trial of small causes," [Rev.,313. passed fifteenth March, seventeen hundred and comp. 491 ninety-eight. Passed November 29, 1809. when per 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 virtue of the act to which this is a supple- offsets, ment, the defendant if he have any account or how and demand 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 enter 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 deliver 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 [Rev. 315. & how to be taken on war at o'clock one of the on the Bail, when plaintiff with a good and sufficient freeholder, to the amount of the debt and cost indorsed on the warrant, for his, her or their appearance on rants in ci- the day and hour mentioned in the bond, not vil actions. 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 of 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 day of noon, and answer unto the complaint of the said E. F. then this bond to be void, or else to be and remain 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, |