mains unfinished; and said justice shall proceed to act thereon in the same manner as if such business, actions or suits, had been instituted before him.

The parties their causes

may submit

to arbitra

on.

ed.

Sec. 13. And be it further enacted, That any time before judgment is entered for any sum, the plaintiff and defendant agreeing thereto, may have the cause submitted to the arbitration of three disinterested men of the township, who shall not be of kin to either party, one of whom shall be chosen by the plaintiff and one by the How selectdefendant, and the arbitrators chosen shall choose a third, and if the arbitrators chosen be present, they shall proceed to hear and determine the cause, on oath or affirmation, which shall be administered by the justice, but if the arbitrators chosen shall not be present, the when abjustice shall issue subpoenas for them to attend subpoenaed. on the day, time and place fixed upon, which shall be served by the constable or the parties, as they may agree on; and when the arbitrators are met and qualified as aforesaid, they shall hear and determine the cause, make out their award, sign the same and make return thereof The award to the justice, who shall make entry of the same on his docket as his judgment, which shall be docket as his

sent to be

to be entered on the justice's

judgment.

Parties may

come before a jus

tice by consent.

If the person in

fess judgment the justice to enter the same on his docket.

final and conclusive to plaintiff and the defendant, unless corruption appear in the award.

Sec. 14. And be it further enacted, That parties may come before a justice of the peace by mutual consent, to have their demands settled, and if the person indebted shall acknowldebted con edge the debt and confess judgment, the justice shall enter the same on his docket, subject to the same proceedings in future, as if suit had been instituted by legal process, except otherwise agreed on by the parties, and the right of an appeal; and if any person served with a capias, may capias, shall come forward before the justice, within the limited time and confess judgment for the whole demand against him of debt and costs, the justice shall enter the same on his docket, subject to the same future proceedings as if trial was had, except the right of an appeal.

When ser

ved with a

confess

judgment,

etc.

Appeals granted

Ten days allowed.

Sec. 15. And be it further enacted, That if any person or persons shall conceive him or themselves injured by any judgment rendered by any justice of the peace, it shall be lawful for any such person or persons to appeal to the court of common pleas, at any time within ten days next after the rendering of such judgment, by entering into recognizance, with at least one

sufficient security, in a sum in double the amount of said judgment, and sufficient to answer all costs, to prosecute the said appeal with effect, and to abide the order which the court may make therein; whereupon, the justice who gave such judgment shall send a transcript Justice to thereof to the clerk of the court of common proceed.

pleas of the county in which such appeal is made, on or before the first day of the term next following such appeal, and all further proceedings before the said justice shall be stayed, from the time of entering such appeal: Provided, That no debt * shall be allowed an appeal from any judgment rendered against him or her, unless the same shall amount to five dollars or upwards, without costs, nor shall any plaintiff be allowed an appeal from any judgment rendered against him or her, unless his or her demand against the debt † amounted to five dollars, or from any judgment given for him or her, unless the sum demanded by him or her from the defendant shall exceed the sum recovered at least five dollars; that at the term to which any appeal shall be made, the person or persons so appealing, shall cause an entry of the appeal to be made with the clerk of the

* This should be defendant, but an error took place in copy. ing from the engrossed to the enrolled bill.

†This should also be defendant.

certify his

ings.

Cases in appeal lies tice's judg

which no

from a jus

ment.

Persons apenter the with clerk.

pealing to

same

thereon.

court, and the plaintiff in the court below, whether the appellant or appellee, shall be plaintiff in the court above; and after such entry shall be made, the parties shall proceed in all respects in the same manner as though the suit Proceeding had been originally instituted in the said court, and reference shall be had to the proceedings in the court below, no further than to include in the judgment to be rendered the costs taxed in the court below: Provided, That if the appellant shall fail or neglect to enter the appeal as aforesaid, the appellee may have the same entered, and the judgment of the court below shall be confirmed and judgment entered against the appellant for the same, with interest and costs.

Party after judgment entering bail. execution to be stayed for three months,

over fiveand

ing ten dollars,

Sec. 16. And be it further enacted, That if any person against whom judgment is entered, for any sum exceeding five dollars, shall forward such bail as shall be deemed sufficient not exceed security for double the amount of said judgment, and the same have entered on record by the justice, on his docket, which, if well and truly done, within ten days from the day of entering judgment, in such case execution shall be stayed for three months, on any sum not extwenty dol- ceeding ten dollars, and for any sum above ten and not exceeding twenty dollars, execution

over ten

and not exceeding

lars, six

months;

dollars, nine

shall be stayed for six months, and for any sum exceeding twenty dollars, execution shall be over twenty stayed for nine months and no longer; and if months. the defendant, or his bail, shall not have paid to the plaintiff, or his agent, the full amount of the judgment, with the interest due thereon, and a receipt thereof be forwarded to the justice of the peace, on or before the expiration of the time herein limited for the stay of execution, the justice of the peace shall issue execution against the defendant in form following, to-wit: The state of Ohio, Į

county,

To the constable of

county, greeting:

SS.

with

township,

ecution.

(Seal.) Whereas A B hath obtained judgment Form of exbefore me, in said township, against CD for a debt of costs: You are therefore commanded to levy the said debt and costs of the goods and chattels of the said CD, by distress and sale thereof, returing the overplus, if any, to the said C D; but for want of such effects, then take the said C D and convey him to the jail of the said county, there to be detained until the debt and costs aforesaid shall be paid or satisfied, or he shall be otherwise legally discharged, and of this writ make legal service and due return. day of

Dated this

An. Dom.