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JUDGES OF S. €. 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 to transmit certificate in twenty days shall be deemed a refusal
to accept the office, 408

removal out of their jurisdiction shall be deemed a resignation, ib.

shall not practice as attorneys. 412

any one may allow habeas corpus, 164

may discharge prisoner or let to bail, 164, 5
may take the acknowledgment of deeds, 347
privileged from arrest while attending courts, 341
OF SUPREME COURT ONLY,--(see Court Supreme.)
their number, 20. 56

who shall have precedence, and be chief, ib.
what writs they may issue, ib.

when to reduce their opinions to writing, 79

two may admit attorneys and counsellors at law, 410

shall meet annually in Columbus to hold a court in bank, 93

their salaries, and when to be paid, 505

OF COMMON PLEAS ONLY,(see Court of Common Pleas.)

when interested, to have cause certified to S. C. 70

may hold special sessions for granting letters of administration, &c. 241
single judge may allow certiorari. 57

PRESIDENT OF C. P. may grant dedimus in vacation, 72

to give certain acts in charge to grand jury, 310, 312, 371. 444. 448
his salary, and when to be paid, 505

ASSOCIATES,

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 e
Coner, 112

may hold 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 depositions to perpetuate testimony, 127
their fees, 225

JUDGES OF ELECTION,

trustees of townships shall be, 45. 485

others may be chosen, and how, 45

city council in Cincinnati to be judges 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 poll

books, 46 to 49

their compensation, 45

their fees for returning poil books, 55. 170

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

JUDGMENT,

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,
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

107

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, shall
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, 295

JURISDICTION,

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

JURORS,

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 95

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 drawing jury, 95

how summoned, ib.

drawn and excused from serving, their names to be returned to the box, 96
pannel may be filled with talesmen, ib.

oath of foreman and other grand jurors, 97
one grand juror discharged, another
subjects of inquiry for grand jury. 97

be
may sworn,

ib.

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, 312
concurrence of twelve necessary to find a bill, 97

for what causes jurors may be challenged,

challenges to be tried by the court, 98

b.

two may be challenged peremptorily in all cases, 98

in capital cases 36 to be summoned, and 23 may be challenged peremptorily
by defendant, 136

JURORS.-continued

for what causes the array máy be challenged, 9$
full 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 on by sheriff, 102
their fees on the trial of right of property. 103

six may be summoned to try actions of forcible entry and detainer, 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 oath 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 jurors 143

receiving a bribe, how punished. 150

persons attempting to corrupt or influence jurors, how punished, ib.

JUSTICES OF THE PEACE,

how elected, and vacancies how filled, 167

number of, in each township regulated by the court of C. P. ib.
election of, bow contested, 168

to take an oath and give bond, 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

169

shall be commissioned by the governor, 409

shall transmit the date of their commissions to the clerk of the 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

justice removing from the county, his docket to be retained by another, 172
how to proceed on transcript or docket of another, 172, 3. 187

re-elected, may proceed as if term had not expired, 172

when to issue summons, and when capias, as first process, 172, 3

when they may issue either at their discretion, 173

shall indorse the sum demanded on mesne 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.


JUSTICES OF THE PEACE,-(continued)

may open judgment rendered against defendant in his absence, and grant
new trial, 175

actions before, may be entered without process, 176

how to enter judgment against principal and surety, ib.
causes before, may be submitted to arbitration, 176

to render judgment on awards. ib.

may set aside awards on proof of fraud, &c 177

shall send up transcript and original papers in causes appealed, ib.
may issue scire facias against surety for appeal, and when, 179
judgments of, may be examined on certiorari, 180

may take recognizance for stay of execution, 181
shall recall execution when bail is given, 12

how to proceed against bail for stay of execution, ib.

how to proceed when bail removes before stay expires, 183
how to proceed when bail becomes apprehensive, ib.

may take further recognizance 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 aud claimed by third per
son, 187, 8

may appoint special constable 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 their term of office ha
expired, 190

may hold an inquest when the office of coroner is vacant, ió.

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

in forcible entry and detainer, to issue warrant. ib.

to issue summons to defendant, 211

1207,8

to issue writ of restitution, ib
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, 54
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, S
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 concerning strays, 471 to 476

their tees in general, 223

in actions of forcible entry and detainer, 24

in criminal cases, when to be paid by the county, 197

shall set up tables of fees in their offices, 226

taking illegal fees, how punished, 146

stirring up suits and quarrels, how punished, 147

limitation of actions against, for misconduct in office, 215

in actions against, for misconduct in office, when plaintiff recovers less than
five dollars, he shall not recover costs, 70

JUSTIFCATION,

of special bail, 60 to 62

KEEPER OF MEASURES,

how appointed, his duty and compensation, 451

KEEPER OF PENITENTIARY,

his duty when judgment against prisoner is reversed, 160

KIDNAPPING,

how punished, 442

LAND,

no 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 judgment, 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 fraud
ulent and void, ib.

held 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 lien on, in one year without levy, ib.

how subjected to the payment of justice's judgments, 185, 6

grants and conveyances of, to defraud creditors. void, 218

when possession of, may be restored by action of forcible entry and de-
tainer, 210

may be 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, 240.
equities in, may be sold by executors or administrators, 239
(245

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