Certified tran

Script to be evi. 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

denee

script, to issue

stire facias thereon

same.

Sec. 6. And every justice of the peace receiving such docket Justice receiving or transcript, 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 when 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 affir

who rendered

moved from

county

the docket of an

mation thereof, before some other justice of the peace of the township where such judgment was rendered; and the 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 Justice retaining 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 collected in his official capacity.

Justice having

Sec. 9. And in all cases where it may be necessary to prosuch docket may cure a transcript from the docket of such absent justice, it shall issue transcripts be lawful for the justice having possession of such docket as a foresaid, to make out and certify the same in the manner he would be authorized to give a transcript from his own docket.

therefrom

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.

as if his term

Summons the

Sec. 11. Where any action or suit may be brought under first process, ex- the provisions of this act, a summons shall be the first process except in the following cases, namely:

cept, etc.

First-A capias may be allowed and issued where the defenCapias, when dant is not a resident householder of the county in which the action shall be brought:

allowed

Second-Where it shall be proven on oath or affirmation, to the satisfaction of the justice, that the plaintiff will be in danger

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 Suit must be in against him by capias, or sunmons, 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 township in which the defendant may reside:

sides, except, etc.

Cases enumera. ted in which suit

Second-Or where the only justice residing therein is inter- may be brought ested in the subject matter in controversy:

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 defeudant 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.

in an adjoining township

Trespass on real

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- trespass was tion may be brought, shall have power to issue a summons or committed, and

township where

constable of that

serve process

capias, as the nature of the case may require, directed to any township may constable of the township in which said action may be brought, 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 process, in the same manner as if he or they resided in the township in which such action was instituted.

etc., to be indor

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 Summons to spe a certain time, not exceeding twelve days from the date thereof, and also a certain place, at which the defendant is to appear and answer to the same; and it shall be served at least three days before the time of appearance therein specified.

cify time and

place of appear.

ance

When served

Manner of service

Constable to in dorse service

Sec. 15. Such summons shall be personally served by reading the same, or by delivering a copy thereof to the defendant, 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 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, 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.

justice may con. tínue cause

Capias able

return

Sec. 18. Writs of capias issued under the provisions of this forthwith act, shall be made returnable forthwith after the service thereof; and the constable serving the same shall, according to the command thereof, convey the defendant before the justice who issued the writ.

the return of a

capias

Sec. 19. And the justice shall thereupon proceed to the Proceedings on trial of the cause, or on application continue the same; and in 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.

may be commitfed till trial

Sec. 20. That 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 hail, there to remain until the time appointed for the trial, which shall not exceed three days from the return of such capias; or the justice may order the constable to hold such defendant in custody, until the plaintiff shall have notice and time to attend and proceed to trial.

dant not appear.

Sec. 21. The recognizance of bail taken as aforesaid, when Recognizance to 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 defenaccording to the condition of such recognizance, at the time ing, cause may and place appointed for the trial of the cause, and no sufficient he tried in his 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 actions nstituted under

absence

Parties appear.

ment

rendered

the provisions of this act, when the parties thereto shal! ap-ing, trial to propear in person or by agent at the time and place appointed for ceed, and judg the trial thereof, it shall be the duty of the justice of the peace according to law, to hear and examine the proofs and llegations 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 shall ontinue she cause.

dence

continuances

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 cause thereto: Provided, That if either party, or a material witness, 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.

file

bills of particu

Sec. 24. In all cases before a justice of the peace, the plaintiff, his agent or attorney, shall file with such justice a bill parties to of the particulars of his demand; and the defendant, if requi- lars with jus red by the plaintiff, 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 this act, when the plaintiff fails to appear by himself or agent, the justice may try or continue the cause, or render judgment justice may try against him for the costs of suit, at the discretion of such jus tice: Provided, That the plaintiff shall not, by such judgment suit plaintif of non-suit, be barred from commencing another action for

the same cause.

When plaintif

fails to appear,

or continue cause. or non

Sec. 26. If in any case instituted as aforesaid, it shall ap 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 enti

tled 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 cause justice may hear hear and determine the cause and render judgment.

Sec. 28. When judgment shall have been rendered against Judgment the defendant in 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

ant in his ab

wrial granted

opened, and new ed, the justice shall set aside such judgment and grant a new 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.

process by agree

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 entered without 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.

Duty of justice

ment against principal and surety

Sec. 30. In all cases where judgment is rendered by a justice of the peace within this State, upon any bond, sealed bill, in entering judg- promissory note, or other instrument of writing, in which two or more persons are jointly, or jointly and severally, held 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.

Gommand of

execution in such cases

Sec. 31. And the said justice, in issuing execution on any 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 Bersonal proper cases, the personal property of the principal debtor, liable to ty of principal to be seized in execution, and within the jurisdiction of said justice, shall be exhausted before any of the property of the secu rity or bail shall be taken in execution.

be first exhaust

ed

mit cause to

arbitration

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, 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 not present, cita for the trial, which citation shall be served by any constable, or the parties, as they may agree.

If arbitrators are

tion shall issue

Sec. 33. When the arbitrators shall convene and be qualified, they shall proceed to bear 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 therethereon on render judgment and issue exection, as in other cases.

writing and sign