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Certified transcript to be evidenee
peace, of proceedings had before him during his continuance in office, shall be evidence in courts of justice, whether certified during his continuance in office, or after the expiration of the
script, to issue stoire facias thereon
Sec. 6. And every justice of the peace receiving such docket Justice receiving or trapscript, shall, on demand of the plaintiff or plaintiffs, dedocket or tran fendant or defendants, his, her or their agent or agents, proceed
to issue a scire facias on any judgment entered on such docket or transcript; and on such scire facias being returned “served," and no good cause being shown by the defendant or defendants, in such scire facias, or where the scire facias may be returned, “not found,” the justice shall enter judgment against the defendant or defendants named therein, and proceed to issue execution thereon as in other cases.
Sec. 7. And in all cases where any person entitled to have How to proceed execution on any judgment rendered by a justice of the peace
justice who has removed from the county in which such justice was judgment has re elected, it shall be lawful for such person to make oath or affirmoved from mation thereof, before some other justice of the peace of the
township where such judgment was rendered; and tbe justice before whom such oath or affirmation was made, shall, thereupon, be authorized to demand, receive and retain, the docket of such absent justice, and may issue writs of scire facias, on any judgment entered therein, and proceed to execution in the same manner be would be authorized to do, had such docket or a transcript thereof been duly certified by such justice.
Sec. 8. And the justice of the peace retaining the docket
in of another justice, shall be accountable to such justice, or his other, shall ac representatives, for all fees due such justice of the peace, on count for fees said docket, when collected, as for other moneys by him collec
ted in his official capacity.
Sec. 9. And in all cases where it may be necessary to proJustice having such docket may cure a transcript from the docket of such absent justice, it shall
seripts be lawful for the justice having possession of such docket as aforetherefrom
said, to make out and certify the same in the manner he would be authorized to give a transcript from his own docket.
Sec. 10. In all cases where the same justice shall be re-elecJustice re elec. ted and qualified to fill the vacancy occasioned by the expiration ted may proceed of his own term of office, every such justice so re-elected and had not expired qualified, may proceed to render judgment, award execution,
and to discharge the other duties of his office, in the same manner as if his former term of office had not expired.
Sec. 11. Where any action or suit may be brougbt under first process, er the provisions of this act, a summons shall be the first process
except in the following cases, namely:
First-A capias may be allowed and issued where the defenCapias, when dant is not a resident householder of the county in which the ac
tion shall be brought:
Second-Where it shall be proven on oatb or affirmation, to the satisfaction of the justice, that the plaintiff will be in danger
Justice retaining the docket of an
as if his term
sdes, except, etc.
Cases enumera. ted in which suit
in an adjoining
of losing his or her debt, or demand, unless the defendant shall be arrested:
Third-Where the plaintiff is a non-resident of the county, and his or her debt or demand arises on any bond, single bill, promissory note, or bill of exchange, it shall be lawful for the justice to determine the kind of process most proper to secure the debt or demand of such plaintiff:
Fourth-Where a certified transcript of any judgment and proceedings of a justice, shall be delivered to any other justice of the peace for the purpose of having the same carried into execution, it shall be lawful to issue a capias thereon, as hereinafter provided.
& Sec. 12. And no person who is a householder or freeholder, resident of the county in which any action may be commenced
cuon may be commence Suit must be in against him by capias, or su nmons, under this act, shall be held township where to answer the same in any township of such county other than defendant re the one where he shall reside, except in the cases following, namely:
First-Where there shall be no justice of the peace for the con township in which the detendant may reside:
Second-Or where the only justice residing therein is inter- may be brought ested in the subject matter in controversy:
township Third-Or where he shall stand in the relation of father, father-in-law, son, son-in-law, brother, brother-in-law, guardian, ward, uncle, nephew, or cousin, to either of the parties; it shall be lawful in any of the foregoing excepted cases, for the plaintiff to bring his action before any justice of the peace of an adjoining township in the same county: and process shall be issued and served, and such defendant be bound to answer thereto, and all such further proceedings may be had therein, as if the defendant resided in the township where the action was brought.
Fourth-If two or more persons shall be jointly, or jointly and severally, bound in any contract, or liable for any injury, and shall reside in different townships of the same county, it shall be lawful for the plaintiff to commence his or her action before a justice of the peace of that township in which any one of the debtors, or other person liable, may reside: and the justice before whom such action may be brought, shall issue process against such debtors, directed to any constable of his township, which process such constable shall be authorized to serve and return; and the defendants shall be compelled to answer thereto, and all such other proceedings shall be had therein, as if all the defendants resided in the township where such action was commenced.
Fifth-In cases of trespass on personal property, it shall be lawful to bring the action in the township where the trespass property may be was committed: but if the trespasser shall reside in another brought in the township of the same county, the justice before whom such ac- .. ..mere tion may be brought, shall have power to issue a summons or committed, and
Trespass on real
etc., to be indor
cify time and
Constable to in
hoe capias, as the nature of the case may require, directed to any constable of that township may constanle of the township in which said action may be brought, serve process who is authorized and hereby required to serve such process
on the defendant or defendants, in the township where he or they may reside, or can be found, and return the same to the justice before whom such action was commenced; and the defendant or defendants shall be held liable to answer such pro cess, in the same manner as if he or they resided in the town. ship in which such action was instituted.
Sec. 13. It shall be the duty of every justice of the peace, Sum demanded,
: who issues a summons or capias, to indorse thereon the precise sed on writ sum demanded, together with the costs that have then accrued.
Sec. 14. And if such process- be a summons, it shall specify Suminons to spe: a certain time, not exceeding twelve days from the date thereof, place of appear. and also a certain place, at wbich the defendaut is to appear ance and answer to the same; and it shall be served at least three When served days before the time of appearance therein specified.
Sec. 15. Such summons shall be personally served by readman string the same, or by delivering a copy thereof to the defendant, vice
when demanded; but if such defendant shall be absent, then such service shall be made by copy, left at his or her dwelling house or place of abode..
Sec. 16. The constable shall indorse on such summons, the dorse service time and manner of service, and subscribe his name thereto.
Sec. 17. And in all cases where service of a summons shall When service is be by copy, left at the dwelling house or place of abode of the not personal, may con. defendant, during his or her absence, it shall be lawful for the
justice of the peace to continue the cause from time to time, until the defendant shall have returned, and received notice of the pendency of such action: but such continuance shall rest in the sound discretion of the justice, taking into view all the circumstances of the case.
Sec. 18. Writs of capias issued under the provisions of this Capias return able forthwith act, shall be made returnable sorthwith after ihe service there
of; and the constable serving the same shall, according to the command thereof, convey the defendant before the justice who issued the writ.
Sec. 19. And the justice shall thereupon proceed to the Proceedings on trial of the cause, or on application continue the same; and in the return of a eapias
'case of a continuance being granted, it shall be the duty of the justice to require the defendant to give bail for his appearance before such justice, on the day appointed for the trial of the cause, and for his not departing the court without leave.
Sec. 20. Shat if such defendant shall fail or neglect to give Defendant fail. such bail, the justice shall commit him to the jail of the county, ing to give bail,
mil: there to remain until the time appointed for the trial, which may be commit. ted till trial shall not exceed three days from the return of such capias; or
the justice may order the constable to hold such delendant in * custody, until the plaintiff shall have notice and time to attend $ and proceed to trial,
Sec. 21. The recognizance of bail taken as aforesaid, when signed and acknowledged, shall remain with the justice for the remain with jus. benefit of the plaintiff; and if the defendant does not appear tice, and defen
dant not appear. according to the condition of such recognizance, at the time mg,
e ing, cause may aad place appointed for the trial of the cause, and no sufficient be tried in his
absence reason be assigned for his non-appearance, then the justice may proceed to hear and determine such cause in his absence.
Sec. 22. And in all other suits or actioas nstituted under the provisions of this act, when the parties thereto shall ap-ing
ing, trial to propear in person or by agent at the time and place appointed for ceed, and judg.
ment rendered the trial thereof, it shall be the duty of the justice of the peace
according to law, to hear and examine the prooss and allegations of the parties, justice and eviand thereupon to give judgment, with costs of suit, according to the law and justice of the matter, as it shall appear in evidence; unless, on the application of either party, on good cause shown, he shallontinue he cause.
Sec. 23. No cause shall be continued as aforesaid for a lon- For what time ger term than twenty days, unless both parties shall consent and what cawe thereto: Prodided, That if either party, or a material witness, ma
Mhess, may be granted shall reside or be absent in another State or county, it shall be lawful for the justice, on good cause shown, by affidavit, and on payment of the costs of such continuance, by the party moving the same, to adjourn the trial for any term not exceeding ninety days.
Sec. 24. In all cases before a justice of the peace, the plaintiff, his agent or attorney, shall file with such justice a bill of the particulars of his demand; and the defendant, if requi- lars with jus. red by the plaintitf, his agent or attorney, shall file a like bill tice, etc. of the particulars, he may claim as a set off, and the evidence on the trial shall be confined to the items set forth in said bills. Sec. 25. In all actions instituted under the provisions of tbis ....
When plaintiit act, when the plaintiff fails to appear by himself or agent, the rails no justice may try or continue the cause, or render judgment justice may try
or continue against him for the costs of suit, at the discretion of such jus at tice: Provided, That the plaintiff shall not, by such judgment sait plaintifr of non-suit, be barred from commencing another action for the same cause. Sec. 26. If in any case instituted as aforesaid, it shall apo de
Defendant may pear at the trial that there is a balance due to the defendant, have judgment from the plaintiff, then the justice shall render judgment against for balance due the plaintiff, in favor of the defendant, for the sum appearing to be due, with costs of suit: and such defendant shall be entitled to execution therefor.
Sec. 27. If the defendant does not appear by himself or if defendant agent, at the time and place appointed for trial, and no just does not appear, cause be shown for his or her non-attendance, the justice may.
op justice may bear hear and determine the cause and render judgment.
Seč. 28. When judgment shall bave been rendered against Judgment the defendanti his absence, if he shall appear within ten days against defend. thereafter, pay the costs, and request the judgment to be open-sence, may be
entered without process by agrec
opened, and new ed, the justice shall set aside such judgment and grant a new tial granted
trial, and thereupon appoint a day for such trial, of which the defendant shall notify the plaintiff at least six days prior to the day appointed.
Sec. 29. Whenever the parties shall agree to wave proActions may be cess and enter any suit or action of which a justice of the peace
chromt may have jurisdiction, it shall be the duty of any justice of the ment of parties peace before whom such parties shall appear, to docket the
action, and state that process is waved; and thereupon such justice shall proceed to trial, judgment, and execution, in the same manner as if process of appearance had been regularly issued, served and returned.
Sec. 30. In all cases where judgment is rendered by a juslistice tice of the peace within this State, upon any bond, sealed bill, Duty of justice jn entering judg. promissory note, or other instrument of writing, in which two ment against
or more persons are jointly, or jointly and severally, held and principal and
bound, and it shall be made to appear to the justice, by parole or other testimony, that one or more of said persons, so bound, signed the same as surety or bail for his or their co-defendant; it shall be the duty of the justice, in entering judgment thereon, to certify which of the defendants is principal debtor, and which is surety or bail.
Sec. 31. And the said justice, in issuing execution on any Gommand of such judgment, shall issue execution commanding the officer
to cause the money specified in the execution, to be made of the goods and chattels of the principal debtor; and for want of such goods and chattels, of such principal debtor, whereof to make the same, then, that he cause the same to be made of
the goods and chattels of the surety or bail: and in all such Personal proper- cases, the personal property of the principal debtor, liable to ly of principal to be seized in execution, and within the jurisdiction of said jus
tice, shall be exhausted before any of the property of the security or bail shall be taken in execution.
Sec. 32. At any time before trial and judgment rendered,
the plaintiff and defendant consenting thereto, may have the Parties may sub-cause submitted to the arbitrament of three disinterested men, mit cause to who shall be chosen by the parties; and if the arbitrators be
present, they shall hear and determine the cause on oath or affirmation, to be administered by the justice: but if the persons chosen as arbitrators be not present, the justice shall issue
a citation for them to attend at the time and place appointed If arbitrators are not present, rita for the trial, which citation shall be served by any constable, tion shall issue or the parties, as they may agree.
Sec. 33. When the arbitrators shall convene and be quali
fied, they shall proceed to hear and determine the cause, and Award to be in make out their award in writing, which shall be valid' when ed, and justice to signed by any two of them, and return the same to the justice; render judgment who shall thereupon enter such award on his docket, and there
on render judgment and issue exection, as in other cases.
execution in such cases
be first exhaust
writing and sign