8th. The names of the jurors who appeared and were sworn, the names of the witnesses sworn at the request of either party, stating at whose request; the objections, if any, made to the competency of a witness, and the decision thereon;

9th. The verdict of the jury, and when received;

10th. The judgment rendered by the justice, and the time of rendering the same;

11th. The time of putting in any stay of execution, and the name of the surety or sureties therefor;

12th. The time of issuing execution, and the name of the officer to whom delivered;

13th. The return of every execution, and when made;

14th. The fact of an appeal having been made from any judgment rendered by him, and the time when made;

15th. The fact of his having given a transcript of the judgment to be filed in the clerk's office, and the time when the same was given.

entered un

Cause to

Sec. 239. The several items in the preceding section enumerated, Items to be shall be entered under the title of each cause to which they respectively der title of relate; and in addition thereto, the justice may enter any other proceed- which they ings had before him in such cause, which he shall think it useful to enter in such docket.

relate.

try evidence

justice.

Sec. 240. Whenever it shall become necessary in any action or other original enproceeding before a justice of the peace, to give evidence of a judg- before same ment or other proceeding had before him, the original entry of such judgment or other proceeding, or a transcript thereof certified by him, shall be good evidence thereof before such justice.

transcript of

&c, evi

Sec. 241. A transcript from the docket of any justice of the peace, Certified of any judgment had before him; of the proceedings in the cause judgment, previous to such judgment; of the execution issued thereon, if any, dence. and of the return to such execution, if any, when certified by the justice having control of such docket, shall be evidence to prove the facts stated in such transcript.

of proceed ings before Justice.

Sec. 242. The proceedings in any cause or matter, had before a jus- Other proof tice, may also be proved by the oath of the justice; and in case of the death or absence of the justice, they may be proved by producing the original minutes of such proceedings, entered in a book kept by such

GO

Justice to

file and preserve pa

pers.

Index of

judgments,

&c.

When jus

tice may de

&c, to ano

who may

proceed thereon.

justice, accompanied by proof of his hand writing, or they may be proved by producing copies of such minutes, sworn to by a competent witness, as having been compared by him with the original entries, with proof that such entries were in the hand writing of the justice.

Sec. 243. Every justice shall carefully preserve and file all affidavits and papers delivered to him to be filed in any cause.

Sec. 244. Every justice shall keep an alphabetical index of all judg ments entered in his docket book, in the course of any judicial proceedings had before him, in which shall be inserted the names of the parties to each judgment, and the page of his docket where such judgment is entered.

Sec. 245. If any justice of the peace shall be absent when there liver papers, shall be pending before him any matter or suit undetermined, he may ther justice deliver over all the papers relating to such matter or suit, with a minute of his proceedings therein, to some neighboring justice of the same city or township, who may thereupon proceed to hear, try and determine such matter or suit, in the same manner as if such matter or suit had been commenced before him, and with like effect; but the parties to such matter or suit, their agents or attorneys, shall be notified of such transfer, previous to any hearing or trial of such matter or suit.

When jus

tice re-elect

ings before

Sec. 246. When the same justice shall be re-elected and qualified to ed. pr ceed-fill the vacancy occasioned by the expiration of his own term of office, him to con his authority shall be considered as having continued without interruption; and all business commenced by or before him during his former term of office, may be prosecuted and completed in the same manner as if such former term had not expired.

tinue with

out in er

ruption.

When justice t de

Sec. 247. When the term of office of a justice shall expire, if his liver books successor shall be elected and qualified, he shall forthwith deliver over to successor. to such successor all the books and papers relating to his office as a jus

and papers

When

tice of the peace.

Sec. 248. Whenever any justice shall be removed from office, or shall to be de- remove out of the township or city in which he was elected, or his

books, &c.,

livered to

churk.

office shall in any way become vacant, except by death, if his successor in office be not elected and qualified, such justice, or the person in whose possession the same may be, shall, within ten days after such

vacancy shall happen, deliver to the township or city clerk, all the books and papers in his custody relating to his office as a justice of the peace; and whenever such vacancy shall happen by the division or any alteration of the boundary of a township or city, said books and papers shall be delivered to the clerk of the township or city, in which is the last place of residence, prior to such vacancy, of such justice.

books or papers

be

On death of justice,

to be de

clerk.

Sec. 249. In case any justice shall die, and any longing to such justice in his official capacity, shall come to the hands books, &c., of any person, the township or city clerk may demand and receive such livered to books and papers from the person having the same in his possession; and it shall be the duty of every such person, within ten days after any such books or papers shall come to his possession, whether demanded or not, to deliver the same to the township or city clerk.

Clerk to deliver books, &c., to some justice of

Sec. 250. Whenever any township or city clerk shall receive the books and papers of any justice of the peace, as hereinbefore provided, he shall, within ten days from the time he received the same, deliver them over to some other justice of the same township or city, and give and give no

notice thereof.

the town

ship or city

tice.

Sec. 251. Such notice shall specify the name of the justice whose Notice what books and papers shall have been so delivered, and to what justice, and to specify. when the same were delivered by such clerk, and shall be posted up in three of the most public places in such township or city.

whom

books. &c., are delivered, to continue pro

or ceedings.

Sec. 252. Whenever the office of any justice shall become vacant by Justice to resignation, removal or otherwise, and there shall be pending before him any matter or suit undetermined, and the books and papers of such justice shall be delivered over to any other justice of the city township, pursuant to the foregoing provisions, the justice to whom such books and papers shall be so delivered, shall proceed to hear, try and determine such matter or suit, and to issue execution thereon, in the same manner and with the like effect as he might have done if such matter or suit had been originally commenced before him.

ceiving

may issue execution.

Sec. 253. The justice to whom the books and papers of another jus- Justice retice shall have been transferred, as hereinbefore provided, may issue exe-boks, &c, cution upon any judgment appearing upon the books so transferred, in the same manner, and with the like effect as if such judgment had been rendered by him.

Sec. 254. Whenever an appeal shall be duly made from a judgment ake return rendered by a justice while in office, either before or after the justice to appeal.

When justice receiv'g

shall havo gone out of office, and before or after his books and papers shall have been delivered to the clerk of the township or city, or to his successor in office, it shall be the duty of such justice to make return to such appeal, in like manner as if he were in office at the time of making such return.

Sec. 255. If a justice to whom a notice of appeal and bond or rebooks, &, cognizance shall have been duly delivered, as hereinbefore provided,

to make re

peal

turn to sp- shall die, become insane, remove out of the State, or abscond, so that the return of such justice to the appeal cannot be compelled, the justice to whom his books and papers shall have been transferred, shall make and file with the clerk of the circuit court a transcript of the docket of the cause, together with all the papers relating thereto, and the circuit court shall proceed thereon in the same manner as if return had been made by the justice who rendered the judgment therein.

Parties to have five

peal in cer

after trans

&o.

Sec. 256. If before the expiration of the time limited for appealing days to sp. from any judgment rendered by a justice of the peace, the term of of in cases, fice of such justice shall expire, or his office otherwise become vacant, fer of books, either party conceiving himself aggrieved by such judgment, may, within five days after the books and papers of such justice shall have been transferred to another justice, pursuant to the foregoing provisions, deliver a notice of appeal and bond or recognizance to the justice having control of such judgment, and pay him the fee herein before provided; and such justice shall, within ten days thereafter, make return to such appeal in the same manner, and with the like effect, as if the judgment appealed from had been rendered by him.

Proceedings

Sec. 257. If for any cause a return to an appeal cannot be compelled, in case re- the court to which such appeal shall be made, may receive the affida

turn to ap

peal cannot

be com- vits of witnesses and of the parties, to the facts and circumstances of

pelled.

the proceedings, and of the judgment appealed from, and shall proceed thereon in the same manner as if such facts had been returned by the justice whose duty it was to make return to such appeal.

Sec. 258. If any justice whose duty it shall be to make return to any appeal, shall, before making such return according to law, remove out of the county into any other county in this State, the court to which such

appeal shall be made, shall have power to compel a return of such appeal in the same manner as if such justice had not removed.

empower

serve pro.

Sec. 259. Every justico who shall issue any process authorized by Justice may this chapter, whenever he shall judge it expedient, on the request of a person to party, may, by written authority endorsed on such process, empower cess. any proper person being of lawful age, and not a party or interested in the suit, to execute the same.

of person s0

Sec. 260. The person so empowered shall possess all the authority Authority of a constable in relation to the execution of such process, and shall be empowered. subject to the same obligations, but shall not receive any fee or reward

for his services thereon.

Sec. 261. In the following cases, a justice of the peace may punish, In what caas for criminal contempt, persons guilty of the following acts:

ses justice may punish for con

1st. Disorderly, contemptuous or insolent behavior towards such tempt. justice, while engaged in the trial of a cause, or in the rendering of any judgment, or in any judicial proceeding, which shall tend to interrupt such proceedings, or to impair the respect due to his authority;

2d. Any breach of the peace, noise, or other disturbance, tending to interrupt any official proceedings of a justice;

3d. Resistance wilfully offered by any person in the presence of a justice, to the execution of any lawful order or process made or issued by him.

for coa

Sec. 262. Punishment for contempts, in the foregoing cases, may be Punishment by fine not exceeding twenty-five dollars, or by imprisonment in the tempt county jail not exceeding five days, or both, in the discretion of the justice; but no person shall remain imprisoned for the non-payment of such fine, more than ten days.

have oppor

heard in his

Sec. 263. No person shall be punished for a contempt before a jus- Person to tice, until an opportunity shall have been given him to be heard in his tunity to he defence; and for that purpose, a justice may issue a warrant to bring the defence, &c. offender before him; or, if the contempt was committed in the presence of the justice, he may cause the offender forthwith to be arrested therefor, without issuing any process in the first instance.

conviction

Sec. 264. Upon convicting any person of contempt, the justice shall Record of make a record of such conviction, stating therein the particular circum- and warrant stances of the offence; and the warrant of commitment for any con- ment to

of commit.