To enter bail with the clerk of the township.

Jurisdiction of justices in civil cases.

Not to exceed thirty

constable within ten days after his election, and before he enters on the duties of his office, shall come before the clerk of the township and enter bail, for the sum of four hundred dollars, conditioned for the faithful discharge of the duties of his office, payable to the township treasurer or his successor in office, with two securities, resident in the same township, who shall be approved by the clerk of the township, and he shall make an entry of such bond and file the same in his office.

Sec. 5. And be it further enacted, That the powers of justices of the peace in this state, shall, in civil cases, be coextensive with the township, in which they may respectively be elected and reside, and their jurisdiction in such cases, shall extend under the restrictions and limitations hereinafter provided, to any sum not exceeding thirty-five dollars; and it shall be five dollars. the duty of the constables of the several townships, to serve such process as may by the authority of this act, be issued by justices of the peace: Provided always, That any justice of the peace may grant subpoenas for witnesses, for either party concerned in the cause pending, but such party shall not be allowed fees for travel or serving the same, if performed by himself: Provided always, That the power of justices of the peace to subpoena witnesses,

To grant subpoenas.

when per

shall be coextensive with the county: Provided also, That in case any person voluntarily Proviso, appear before a justice of the peace and confess sons volunjudgment, in such case the jurisdiction of a justice of the peace shall extend to fifty dollars.

Sec. 6. And be it further enacted, That every justice of the peace shall keep a docket, in which he shall make fair and accurate entries of all actions or suits made before him, with his proceedings thereon, and if either of the parties require a copy of the proceedings thereon, the justice shall furnish him with the same.

Sec. 7. And be it further enacted, That the first process under this act, in civil cases, shall be by capias, which shall be returnable at a time not exceeding fifteen, nor less than six days, from the date thereof, in form following, to-wit:

tarily ap

pear and judgment.

confess

Justice to docket, etc.

keep a

First procapias.

cess to be

town- Form there

You are hereby commanded to take the body of if he may be found within your township, and him bring or cause to appear before

of

When plain

tiff does not

to proceed.

Proviso.

Sec. 8. And be it further enacted, That if the appear, how plaintiff does not appear by himself or agent, and it being made appear that he was informed of the day of trial, the justice shall enter judgment against him for the costs: Provided always, That the plaintiff shall not thereby be barred from renewing the action, but if it be made 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.

Constables to execute capias, etc.

Sec. 9. And be it further enacted, That the constable shall execute the capias by personal service, or by reading the same within the hearing of the defendant, and shall deliver a copy thereof, if required, at least three days before the return thereof, and making return of the capias on or before the return day, with the time and manner of service endorsed thereon, with his name thereto subscribed, and the con

stable failing to make the service and return, when the same might have been reasonably done, shall be liable to the action of the plaintiff for damages.

making ser

vice to take

security,

etc.

Defendant appear. proceed in

failing to

justice to

his absence.

Sec. 10. And be it further enacted, That the Constable constable is hereby required, to demand and take security, of any person on whom he makes personal service, for his or her appearance before the justice on the day of trial; and if the defendant does not appear by himself or agent, on the day appointed, and he is within the county, and no just cause be shown for his nonattendance, the justice may, at the request of the plaintiff, proceed to determine the cause, and enter judgment against the defendant: Provided always, That at the request of either party for want of evidence or other good cause on good shown, the justice may postpone the trial to a shown, trial day certain, allowing to the party requesting, a reasonable time to procure his or her testimony: Provided also, That no security shall be demanded of any person who shall be a resident of the township and a landholder within the county: And provided also, That persons required to give bail for their appearance by this act, fail or neglect to comply with the requisition of the

cause

may be post

poned.

Proviso.
Resident of

the town

ship and a within the to give se

land-holder

county not

curity.

Persons liable to give bail

falling, how dealt with.

open his judgment in certain cases.

constable in giving such bail, then the said constable shall bring the said defendant forthwith before the justice, to be dealt with in all cases agreeable to this act.

Sec. 11. And be it further enacted, That Justice may when judgment has been entered against the defendant in his absence, if he appears before execution is issued and pays the costs, and requests the judgment to be opened, the justice may grant a new trial and appoint a day therefor, of which the defendant shal! notify the plaintiff at least three days prior to the day appointed: Provided always, That stay of execution shall only be prolonged from the date of the former judgment.

Proviso.

When no justice lives in

the township,

proceed.

Sec. 12. And be it further enacted, That where there is no justice of the peace, resident etc., how to in the same township with the defendant, or such justice shall be a father or brother to either the plaintiff or defendant, then the justice who is nearest and most convenient in the adjoining township, shall have full and complete jurisdiction throughout such vacant township, until a justice of the peace is elected therein, and then shall deliver up to the justice elected a certified copy of all the business carried before him from said vacant township, which re