costs, on the

day of

last, as

appears of record. And whereas E F on the
day of
became security in behalf of
the said C D, for the payment of the debt and
costs, to the said A B, as also appears of record,
which debt and costs are not yet paid.

You are therefore commanded to summon the
said E F forthwith, to appear before me, at
to show cause, if any there be, why execution
should not issue against him, for the debt and costs
aforesaid, and of this make legal service and due
return, within five days.

And the form of scire facias against the constable, as above, only changing it, agreeable to the nature of the case.

Sec. 26. Be it further enacted, That the following shall be the forms of process in civil cases:

(L. S.) You are hereby required to summon A Form of a

B, to appear before me

peace of said township, on

at

township, greeting:

a justice of the

day of

o'clock on said day, to answer C D, in (a

debt or damage, as the case may be)

dollars, and of this writ make legal service and due return.

summons.

Form of a capias.

To

constable of

township, greeting.

(L. S.) You are hereby commanded to take the body of A B and him forthwith bring before me a justice of the peace for

to answer C D, (in

township,

debt or damages) of dollars, and of this writ make legal service and

Form of execution.

Writs not quashed for want of form.

Certain

actions not extended to by this act.

(L. S.) Whereas A B obtained judgment against

You are therefore commanded to levy the said debt and costs, and the costs that may accrue, of the goods and chattels of the said C D, by distress and sale thereof, returning the overplus, if any, to the said C D, but for want of such property, then take the said C D and him convey to the jail of said county, there to be detained until the said debt and costs (and costs that may accrue) shall be paid or be otherwise legally discharged, and of this writ make legal service and due return.

Sec. 27. Be it further enacted, That no suit shall be quashed for want of form of the writ, in case it contains the substance.

Sec. 28. Be it further enacted, That nothing in this act shall be construed or understood to extend to actions of ejectment brought to obtain possession of lands and tenements, actions of

replevin, actions of detinue, actions of slander, actions on real contract for the sale or conveyance of lands and tenements, or when the title of land is called in question.

Sec. 29. Be it further enacted, That if any per

common pleas

cognizable

before a jus

tice not to

carry costs,

Actions comson or persons shall commence or prosecute any menced in suit, for any debt or demand, by this act made cognizable before a justice of the peace, in any other court than is authorized and directed by. this act, and shall obtain a verdict or judgment therein, for debt or damages, which, without costs of suit, shall not amount to fifty dollars or more, not having caused an oath or affirmation to be made before the serving out the capias or summons and filed in the office of the clerk of the unless afficourt, from whence such process issued, that he, davit be she or they so making oath, did truly believe the debt due or damages sustained, amounted to fifty dollars or more, he, she or they so prosecuting, shall not recover any costs in such suit, any law to the contrary notwithstanding.

clause.

Sec. 30. And be it further enacted, That the Repealing "Act, regulating the duties of justices of the peace and constables, in criminal and civil cases,' passed at the last session of the legislature, and the act, entitled, "An act, for the trial of small causes," and all other acts and parts of acts on that subject, be and the same are hereby repealed. This act shall take effect and be in force, commencefrom and after the first day of June next.

JOHN SLOANE,

Speaker pro tem. of the house of representatives.

ment of this act.

February 12, 1805.

DANIEL SYMMES,

Speaker of the senate.

The supreme court to consist of three judges.

One commissioned chief judge.

In what cases the supreme

court have jurisdiction.

Exclusive cognizance in certain cases.

Times of holding

courts of

CHAPTER III.

An act, organizing the judicial courts.

Sec. 1. Be it enacted by the general assembly of the state of Ohio, That the supreme court shall consist of three judges, to be chosen in the manner directed by the constitution, one of whom shall be commissioned by the governor chief judge of said court, and the other two judges and all future judges of said court shall have precedence according to the date of their commissions, or where their commissions are of the same date, then according to their respective ages.

Sec. 2. Be it further enacted, That the supreme court shall have original jurisdiction of all civil cases both in law and equity, where the title of land is in question, or where the sum or matter in dispute exceeds one thousand dollars, and appellate jurisdiction from the court of common pleas, in all cases respecting the title of land, or where the matter in controversy exceeds the value of one hundred dollars, and all cases where the proof or validity of wills or the right of administration shall be in question.

Sec. 3. Be it further enacted, That the supreme court shall have exclusive cognizance of all cases of divorce and alimony, and of all criminal causes where the punishment is capital, and cognizance concurrent with the courts of common pleas, of all other crimes and offenses not cognizable by a single justice of the peace.

Sec. 4. Be it further enacted, That the courts. of common pleas, for the three circuits, shall be

held as follows, to-wit:

FIRST CIRCUIT.

pleas in the

first circuit.

In the county of Hamilton, the first Tuesdays of common April, August and December; in the county of Butler, the third Tuesdays of April, August and December; in the county of Montgomery, the fourth Tuesdays of April, August and December; in the county of Champaigne, the first Tuesdays of May, September and January; in the county of Green, the second Tuesdays of May, September and January; in the county of Warren, the third Tuesdays of May, September and January; in the county of Clermont, the fourth Tuesdays of May, September and January.

SECOND CIRCUIT.

circuit.

Commence the last Wednesday in February, in In the second the county of Highland; the succeeding Monday in Adams; the succeeding Monday in Scioto; the succeeding Monday in Gallia; the succeeding Monday in Athens; the succeeding Monday in Fairfield; the succeeding Monday in Franklin; the succeeding Monday in Ross. Commence the second Wednesday after the first Monday in June, in Highland; the succeeding Monday in Adams; the succeeding Monday in Scioto; the succeeding Monday in Gallia; the succeeding Monday in Athens; the succeeding Monday in Fairfield; the succeeding Monday in Franklin; the succeeding Monday in Ross. Commence the second Friday after the first Monday in October, in Highland; the succeeding Tuesday in Adams; the succeeding Monday in Scioto; the succeeding Monday in Gallia; the succeeding Monday in Athens; the succeeding Monday in Fairfield; the succeeding Monday in Franklin; the succeeding Monday in Ross.

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