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JUDGES of S. E. And. C. P.

how appointed, 20
their oath, 57
to be commissioned by the governor, 409
to transmit certificate of their oath to clerk of C. P 407
neglecting 10 transmit certificate in twenty days shall be deemed a refusal

to accept the office, 408
reinoval out of their jorisdiction sball be deemed a resignation, ib. .
shall not practice as altorneys. 412
any one may allow habeas corpus, 164

may discharge prisoner or let to bail, 164, 5

may take the acknowledgment of deads, 347. O m
privileged from arrest while attending courts, 341
OF SUPREME COURT ONLY,---(see Court Supreme.)

their number, 20. 56
who shail have precedence, and be chief, ib.
what writs they may issue, ib.
when to reduce their opinions to writiog, 79
two may admit attoroeys and counsellors at law, 410 :
shall meet annually io Columbus to hold a court in bank, 93

their salaries, and when to be paid, 505
Or ''OMMON PLEAS ONLY,-(see Court of Cummon Pleas.)

when interested, to have cause certified to S. C. 70
may hold special sessious for granting letters of administration, &c. 941

single judge may allow certiorari. 57
PRESIDENT or C. P. may grant dedimus in vacaion, 72

to give certain acts in charge to grand jury, 310, 312, 371,444. 448

bis salary, and when to be paid, 505

may open poll books when clerk is disqualified, 52
may appoint a clerk, pro tem. 58
may order special election of sheriff or coroner, 53
shall determine the sufficiency of the bonds and sureties of sheriff and child

roner, 112
inay bold special court for the examination of prisoner in jail, 155
their power and duty as an examining court, ib.
may appoint county commissioner to till vacancy, 268
two may take repositions to perpeluate testimony, 127

their fees, 925

trustees of town bips shall be, 45. 485
others may be chosen, and how, 45
city council in Conciunati to be jndges of election, ib.
their oath, 45. 485
may be fined for refusing to serve, 45
their duties in receiving and canvassing votes, and disposing of the port

books, 46 to 49
their compensation, 45
their fees for returning poil books, 65, 170

their duties in relation to the election of electors of P. and V. P. of U, S. 41

may be rendered against security for costs, on motion, 59

JUDGMENT, -(continued)

when may be rendered against casual ejector, 69
becomes dormant in five years, without execution, and its lien ceases, 78
dormant, may be revived by scire facias, &c. ib.
vacated by granting a new trial, 76
final of C. P. may be reversed on error, 77
when reversed, S. C. court may render judgment or remand cause, ib.
lien of not removed by appeal, 78
of common pleas, suspended by appeal, 79
when entered by default, court may assess damages, 73
when to bind lands, and when chattels, 101 .
loses its priority of lien on lands in one year, without levy, 107
against principal and surety, how entered, 108, 176
reversal of, not to affect the rights of purchasers, 107
officer amerced, to have benefit of original, 111
by confession, for what amount justice may render, 171
rendered by justice in the absence of defendant, may be opened, 175
rendered by justice on award, to be final, unless fraud, &c. be proved, 177
rendered by justice may be examined on certiorari, 180, 1
bail for the stay of execution against whom judgment is rendered, shah

have the benefit of original, 183
against executors, &c. to be de bonis testatoris, 235
may be rendered by court on award as on a verdict, 266

may be rendered against delinquent county treasurers at first term, 296

of supreme court, 56
of common pleas, 57
of S. C. and C. P. in chancery, 81
of justices of the peace in civil cases, 170, 1, 189, 190

in criminal cases, 194


what number to be selected in each county, 94
number of petit, in the county of Hamilton, 96
apportionment for each township, when and how made, 94
to be selected by township trustees on second Tuesday in October 96
list to be returned to clerk of C. P and names put into a box, ib.
dying or removing, their names to be thrown aside, 96
time and manner of drawiog jury, 95
how summoned, ib.
drawn and excused from serving. their names to be returned to the box, 96
papnel may be filled with talesmen, ib.
oath of foreman and other grand jurors, 97
one grand juror discharged, another may be sworn, ib.
subjects of inquiry for grand jury, 97
certain acts to be given in charge to grand jury, 310.312. 371 444. 448
grand jury to be furnished with a list of licensed tavern keepers, 319
concurrence of twelve necessary to find a bill, 97
for what causes jurors may be challenged, 2b.
challenges to be tried by the court, 98
two may be challenged peremptorily in all cases, 98
in capital cases 36 to be summoned, and 23 may be challenged peremptorih

by defeodant, 136

IURORS. - {continued

for what causes the array máy be challenged, 98
fuli pannel of bystanders may be made up, ib.
may give a special verdict, 100
may have a view of lands, 98
struck jury, and manner of striking, 99
fees of struck jury, and how paid, 100
fees of grand and petit jurors and talesmen, 225
privileged from arrest while attending courts 342
five to be summoned to try the right of property levied op hy sheriff, 109
their fees on the trial of right of property, 103
six may be summoned to try actions of forcible entry and deta'ger, 210
verdict of, in forcible entry and detainer, what to designate, 211
their fees in actions of forcible entry and detainer, 214
coroner may call a jury to view dead body, 115
form of oatb when called by coroner, ib.
may be fined for failing to attend coroner's inquest when summoned, 116
seven may be impanneled to inquire whether a person be an idiot, lunatic

or insane, 324
also to inquire whether such person be restored, 326
duty of jury in assessing the value of improvements made by occupying

claimants of land, 262
convicts shall not be jusors. 143
receiving a bribe, how punished. 150
persons attempting to corrupt or influence jurors, how punished, ib.


bow elected, and varancies how filled, 167
number of, in each township regulated by the court of C. P. ib.
election of, how contested, 168
to take an oath an give bondi, 169
neglecting to give bond and take the oath within the time prescribed, shall

be deemed a refusal to accept the office, 408
and a new election shall be ordered 69
shall be commissioned by the g verpor, 409
shall transmit the date of their commissions to the clerk of int township in

thirty days, 169
re-ignations to be made to the clerk of C. P 170 .
their jurisdiction in civil cases, 170, 1 179. 189

in criminal cases, 194
shall keep dockets, and furnish transcripts, 171, 197
docket or transcript thereof, to be delivered to successor, 171
ju-tice removing from the county, his docket to be retained by another, 172
how to proceed on transcript os docket of another, 172, 3. 187
re-elected, may proceed as if term had not expired, 172
when to issue summons, and when capias, its first process, 172, 3
when they may issue either at their discretion, 173
shall Indorse the sum demanded on merpe process, 174
in what cases they shall have jurisdiction in adjoining townships, 173
how to proceed on return of capias, 174
when, and for what time, they may grant continuanees, 174, 5
bills of particulars must be filed by parties, 175
may try cause in the absence of either party, ib.


may open judgment rendered against defendant in his absence, and grant

new trial, 175
actions before, may be entered without process, 176
bow to enter judgment against principal and surety, ib.
causes before, may be submitted to arbitration, 176
to render judgment op awards. ib.
may set aside awards on proof of fraud, &c 177
sball send op transcript and original papers in causes appealed, ib.
may issue scire facias against surety for appeal, and when, 179 --
judgments of, may be examined op certiorari, 180
may take recognizance for stay of execution, 181
shall recall execution when bail is given, 1.2
how to proceed against bail for stay of execution, ib.
how to proceed when bail removes before stav expires, 183
how to proceed when bail becomes apprehensive, ib.
may take further recogoizance for stay, 183
issuing execution, shall not purchase at constable's sale, 184
may allow constable compensation for keeping live stock, ib.
when to issue venditioni exponas, 184
how to proceed when defendant has lands but no goods, 185
may issue execution to another township, 186
may require non resident plaintiff to give security for costs, 187
may try right of property levied on by constable and claimed by third per

son, 187, 8
may appoint special constabie in certain cases, 188
shall receive and pay over money, 189 .
how proceeded against for not paying over money, ib.
may fine witnesses for disobeying subpoena, 189
may compel the attendance of witnesses by attachment, ib.
may take bail for appeal or stay of execution after tbeir term of office ba

expired, 190
may bold an inquest wben the office of coroner is vacant, ib.
may fine for assault and battery or affray on plea of guilty, 195
may recognize defendants and witnesses in State cases, 194 to 196
may commit for safe keeping before examination, 197
shall pay fines into county treasury, 199
shall issue writs of attachment, 203
may try the right of property attached by constable, 204
shall adjust demands, and divide proceeds of property attached, 208
may issue warrant against garnishee, 207
shall certify their proceedings in attachment to C. P. in certain cases,
two justices may try actions of forcible entry and detainer, 210 1207,
in forcible entry and detainer, to issue warrant, ib.

to issue summons to defendant, 211
to issue writ of restitution, it

surviving, may execute judgment, 214
may issue subpoenas for witnesses to attend before arbitrators, 265
may take acknowledgments of deeds, 347
may take depositions, 124
may solemnize marriages, 429
two justices to assist clerk in opening poll books, 49

to take and transmit testimony in certain contested elections, 3
may take depositions to perpetuate testimony, 127


JUSTICES OF THE PEACE,---(continued)

their duty on trials of the right of property levied on by sheriff, 102, 3
the same on trial of the right of property attached by sherifi, 132
their duties under the act for the support of illegitimate children, 433, 4
their duties under the act concernjog strays, 471 to 476
their tees in general, 423

in actions of forcible entry and detainer,«2'4

in criminal cases, when to be paid by the county, 199
shall set up tables of fees in their offices, 226
taking illegal fees, how punished, 146
stirring up suits and quarrels, bow punished, 147
limitation of actioos against, for misconduct in office, 215
in actions against, for misconduct in office, when plaintiff recovers less than

fire dollars, he shall not recover costs, 70


of special bail, 60 to 62

how appointed, his duty and compensation, 451


his duty when judgment against prisoner is reversed, 160

how punished, 442


do interest in, to pass by sale without deed or note in writing, 218
deeds for the conveyance or incumbrance of, how to be executed, 347
selling without title, how punished, 142
when bound by judgmeni, 101
sales of, under execution, to be made at court house, 105
to be appraised before sale by sheriff, 103
not to sell for less than two thirds of the appraised value, 104
sale of, by sheriff, to be advertised thirty days, ib.
may be sold without valuation for debts or taxes due the State, 104
sold under execution, to be conveyed by sheriff, 105
purchases of, by appraisers or officers conducting the sale, considered fraude

ulent and void, ib.
beld in trust for banks, how sold under execution, 456 to 458
title to, acquired under execution, not affected by reversal of judgment, 107
judgment loses its priority of lieu on, in one year without levy, ib.
how subjected to the payment of justice's judgments, 185, 6
graots and conveyances of, to defraud creditors. void, 218
when possession of, may be restored by action of forcible entry and de-

tainer, 210
may he sold and conveyed by administrator, &c., under order of court, 236
to be appraised before sale by administrator, &c. 238
devised to be sold, may be sold by executor without an order of court, 239
devised to be sold, may be sold by surviving executor or by administrator

with the will annexed, 245
may be sold by executors or administrators appointed in other States, 210.
equities in, may be sold by executors or administrators, 23.9


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