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and signed by the justice rendering the judgment, or by some script from ano. other coinpetent person, and delivered to another justice of ther justine, for
the purpose of the peace, ior the purpose of having the same carried into ex. carry
carrying judg. ecution, it shall be le uuty of the justice receiving such tral- ment into execu. scripí, to enter the saine on his docket, and thereupon to issue, at the request of the party, in wijose lavor such judgment was rendered, or his ageni, either a writ of capias or a writ of scire facias, against the judgment debior; by woich scire facias such debtor shall be required to appear and show cause, it any he can show, why execution should not issue against him for the amount of the judgment and costs, or so much thereof as remains due and unpaidd, as stated in such transcript,
See. 9.. When such writ of capras shall be returned, execu- further proceed. ted, or such scire facias he served and returned, in the same ings thereon manner a su nmons is required to be served and returned in other cases, and it shall appear to the justice that any part of the judginent, whereof a transcript has been taken as ajoresaid, remains due and unpaid, and no cause being shown to the contrary, it shall be the duty of such justice to reuder judgment for the sum so remaining due and unpaid, and for the costs that have accrued, and to issue execution therefor.
Sec. 95. When the creditor or other person, intending to Justice may rebring an action before a justice, is a non-resident of the town- quire non-resi
dent plaintid to ship in which he intends to commence such action, the justice in mav, previous to his issuing process, require such person to give costs security for the costs of suit; and upon such requisition, the party intending to commence such action, shall either deposit with such justice, a suin of money sufficient to discharge the costs that may accrue in the prosecution of such action, or enter into recognizance to the adverse party, with sufficient surely resident in the township, conditioned for the payment of all costs that may accrue in the prosecution of such action.
Sec. 96. If any constable shall fail to pay over any money. by him received in his official capacity, or shall fail to make re-againet contable turn, or shall make a false return, he shall be liable to the ac- for failing to pay tion of the party injured thereby; which action may be prose-making false
over money, or cuted to final judgment and execution before any justice of the return peace, having jurisdiction of the amount of damages claimed on account of such delinquency.
Sec. 97. And, if on the trial, judgment should be rendered Judgment against such delinquent constable, the same shall be entered for against constahle the amount of damages sustained, together with costs, and ten ten per cent. per cent. penalty thereon; and the justice shall forthwith issue execution for the collection of the same.
Sec. 98. When a constable shall levy on property claimed When constahle by any person or persons, other than the party against whom the levien on proper
ty claimed hy execution issued, the claimant or claimants shall give three days' another, how to notice in writing to the plaintiff, or his agent; or if not found proceed within the county, then such notice shall beserved by leaving a copy thereof at his usual place of abode in such county, of the
with penalty of
time and place of the trial of the right to such property; which trial shall be had before some justice of the township, at least one day prior to the time appointed for the sale of such property.
'Sec. 99. If on the trial, the justice shall be satisfied from Maimant estab- the proof that the property, or any part thereof, belongs to the lishing his right, claimant or claimants, such justice shall render judgment against costs, and pro the party in whose favor such execution issued, for the costs, perty shall be re- and issue execution therefor; and shall moreover give a written
order to the constable who levied on, or who may be charged with the duty of selling such property, directing him to restore the same, or so much thereof as may have been found to belong to such claimant or claimants.
Sec. 100. But if the claimant or claimants fail to establish Falling shall his or their right to such property, or to any part thereof, the
justice shall render judgment against such claimant or claimants, for the costs that have accrued on account of such trial, and issnie exerution therefor; and the constable shall not be liable to the claimant or claimants for the property so taken.
Sec. 101. In all cases where the constable shall make it apIn what casey pear to the satisfaction of the justice, that he has been deprived further process of an opportunity of levying an execution within the time preof execution may
scribed hy this act, or otherwise prevented from making the whole of the monev therein required to be made, and shall make return to the justice who issued the same to that effect, such ju'stice is hereby authorized and required to issue further process of execution, for the amount or halance remaining unsatisfied; which shall be served and returned in all respects as other executions are under this art.
Sec. 102. It shall be the duty of all constables to par over Constable to pay to the justice from whom execution or executions issued, all
of moneys hy them collected, or produce to the justice a receipt tir''s receipt in from the plaintiff or his agent, for the amount of such execution glity days
or executions, within sixty davę after collecting the same; and every justice of the peace shall give his receipt for all moneys by him received in his official capacity, to the person from whom he shall have received the same, if required.
Sec. 103.' In all cases where there is no constable in any Justices may township in this State, or in the ahsence or disability of a constaapoint special ble of the township, or where the constable is a party to the suit, constables in Coriain cases it shall be the duty of any justice of the peace, in case it he ne
cessary that the process should be immediately served, either in criminal or in civil cases, to appoint a person willing to serve as a constable for the time being; which appointment shall be in writing, under the hand and seal of surb justice, and shall specify the cause of such appointment: and the person so appointed as constable, shall have the same authority as any other constable, withont giving the security necessarv in other cases; and he sha!! he liable for neglect of duty or illegal proceedings, and shall receive the same fees and compensation, as constables are
over money or produce plain
to ohey subpoena
antitled to by law for similar services; and shall act until the var cancy be again supplied.
Sec. 104. Justices of the peace shall receive from constables Sustice to reall moneys by them collected; and all other moneys by such jus-ceive and pas
over money tices collected, with or without execution, and received in their official capacity, for the use of any other person or persons, shall be hy them paid over to such person or persons, his or their agent: and if any justice shall refuse or neglect to pay over all moneys by shim] collerted or received as atoresaid, when the same shall be demanded of him at his office or place of residence, to the person or persons entitled thereto, or to his or their agent; every such justice shall be liable to the action of the party injured therehy, for the recovery of such money, together with interest and ten per cent. 'penalty thereon, and costs of suit: of which act on any justice of the peace shall have jurisdiction, according to the provisions of this act.
Sec. 105. When any person shall be subpoenaed to attend witness falling and rive evidence, in any suit, action, complaint or other pro- to on
ur refusing to ceeling, civil or criminal, pending before a justice of the peace, restige and shall fail to attend at the time and place specitied in such suhpoena, having no reasonable excuse to assign for such failure; or if such person, attending as a witness, shall refuse to testify: every such person shall he fined in any sum not exceeding ten, por less than three dollars; for which fine, the justice shall render judgment in the name of the State, and issue execution therefor: and such witness shall, moreover, he liable to the ac tion of the party injured, for such damages as he or she may have sustained for the want of the testimo'y of such delinquent witness, to he recovered before any justice of the peace, or other • court having jurisdiction thereof.
Sec. 106. And justices of the peace shall have power, in all Justice may comactions, suits, complaints and prosecutions, in civil or criminal pels cases, pending before them, to compel, by attachment, the attendance of any person suhpoenaed as a witness, and refusing or neglecting to obey such subpoena, as aforesaid.
Sec. 107. If any party shall order a subpoena for more than Fees of extra two witnesses to prove the same fact, or in case any witness paid shall be subpoenaed, and not called and examined by either party; then, and in such cases, the party ordering such subpoena shall pay the witness or witnesses, exceeding two to the same fact, or not called and examined; unless in the latter case the defendant should confess judgment, or admit before the justice the claim or demand to be just, or the plaintiff become non-suit; in which case, the fees of such witness or witnesses shall be taxed and collected with the costs of suit.
Sec. 108. The jurisdiction of justices of the peace shall Jurisdiction of extend to actions of trespass on real estate, in cases where the
etate, cases where we pass on real damages demanded for such trespass shall not exceed the sum estate of one hundred dollars; and no claim of title to such real estate,
pel attendance of witnesses
justices in tres.
Actions of which
court, no costs recovered
bail &r., after his
set up by the defendant, shall take away or affect the jurisdiction hereby given.
Sec. 109. But the jurisdiction of justices of the peace shall
ich not extend to actions to recover damages for an assault, or as justices shall not sault and battery; or for malicious prosecution; or to actions
tion against justices of the peace, or other officers, for misconduct in
office, except in the cases provided for in this act; or to actions of ejectment, or in replevin; or for slander, verbal or written; or actions on contracts for real estate; or actions in which the title to land and tenements may be drawn in question, except actions of trespass on real estate which are provided for in this act.
Sec. 110. If any person or persons shall commence or proIf puit of which justice has juris
secute any action or suit for any debt, demand, or liability, of diction be com which any justice of the peace shall have jurisdiction under menced in other the provisions of this act, in any other court than that held by
such justices, and shall not obtain a verdict or judgment there. in, for debt or damages, which, without costs, shall amount to one hundred dollars; such person or persons shall not recover costs in such suit or action, any law to the contrary notwithstanding.
Sec. 111. In all cases where judgment shall be entered by Justice may take a justice of the peace, and his term of office sball expire beterm of office tween the date of such judgment and the time required for
perfecting an appeal therefrom, or for the putting in bail tor the stay of execution; it shall be lawful for such justice to take bail on such appeal, or for stay of execution, and give to the party appealing a transcript of such judgment, in the same manner he might or could do, had his term of office not expired.
Sec. 112. Whenever the office of coroner shall become When the office vacant in any county, hy death, resignation, expiration of the of coroner is va. cant, a justice of term of office, or otherwise; any justice of the peace of the the neare shall township in which the dead body of any person supposed to
have come to his or her death by violence or casualty, may be found; or if there should be no justice of the peace for such township, then any justice of the peace of the county, shall be vested with all the powers, and shall perform all and singular the duties appertaining to the office of coroner, so far as it respects the power and duty of a coroner, to hold inquisition over any dead body sound as aforesaid: and when acting in the capacity of a coroner, every such justice shall be entitled to have the same fees as are or may be allowed by law to coroners in such cases.
Sec. 113. All fines, forfeitures and penalties, incurred and Fines and penal. assessed under the provisions of this act, may be collected by ties, how collect execution against the goods and chattels and body of the de
lingnent; and when not otherwise appropriated, shall be paid into the county treasury of the county where the cause of action accrued.
Sec. 114. The following forms shall be pursued when they may be applicable, namely:
One-Form of a recognizance for the appearance of defendant,
when arrested on a capias. THE STATE OF Ohio,
county, ss. Whereas, C. D. has been arrested, and is now in custody, por at the suit of A. B., in an action of [Here state the kind of nizance for ap: action.] Now, therefore, be it remembered, that on this pearance day of in the year
personally came before me, G. H., a justice of the peace in and for the township of
, in the county aforesaid, E. F., and acknowledged himself to owe (or if there be more than one surety, say, and jointly and severally acknowledged themselves to owe) unto the said A. B. the sum of (here insert double the amount of the sum indorsed on the writ]; to be levied of his [her or their goods and chattels, lands and tenements, in case default he made in the condition following, which is: That the said C. D. shall be and appear before me, at my office, in the township aforesaid, on the
day of in the year
, to answer to the action aforesaid, and not depart without leave.
Taken, signed and acknowledged, on the day and year aforesaid, before me,
G. H.'. Two.-Form of recognizance in case of appeal. In the action of A. B. against C. D., I, E. F. acknowledge my- Recognizance self for if there be more than one suretv, say, we, E. F. and for an appeal J. K. do acknowledge ourselves] bail for the appellant, in the sum of [here insert double the amount of the judgment, including costs); to be levied of my for our) goods and chattels, lands and tenements, in case the appellant shall be condemned in the action, and shall fail to pay the condemnation money, and costs that have accrued or may accrue, in the court of common pleas. (Signed.)
E. F. Taken, signed and acknowledged, on this
day , in the year
, before me,
Justice of the peace. Three.--Form of reeognizance for stay of execution. In the action of A. B. against C. D. 1, E. F., do acknow- Recognizance ledge myself for if there are more than one surety, then say, we, for stay of
execution E. F. and J. K., do acknowledge ourselves) bail for C. D. for stay of execution, in the sum of (here insert the amount of the juilgment, including costs]; to be levied of my for our goods and chattels, lands and tenements, if default be made in the