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Bhall noto time of receiving and erxutleg writ.
ball not mako return of “not found" on writ, except when.
Shall apprehend ll felous, &c.
office and on the proper return day thereof; or, if the judgment be docketed in the district court or appealed, upon which he has an execution, on notice, to return the execution, stating thereon such fact.
Sec. 177. It shall be the duty of every constable, on the receipt of any writ or other process, (subpænas excepted,) to note thereon the time of receiving the same; he shall, also, state in his return on the same the time and manner of executing it.
Sec. 178. No constable shall make a return on any process of “not found” as to any defendant, unless he shall have been, once at least, at the usual place of residence of the defendant, if such defendant have any in the county.
Seo. 179. It shall be the duty of every constable to apprehend, on view or warrant, and bring to justice all felons and disturbers and violators of the criminal laws of this Territory, to suppress all riots, affrays and unlawful assemblies which may come to his
knowledge, and generally to keep the peace in his proper county. Authority over Sec. 180. In serving all process, either civil or criminal, and
in doing his duties generally, when not otherwise restricted by law, the authority of a constable shall extend throughout the county in which he may be appointed; and, in executing and serving process issued by a justice of the peace, he shall have and exercise the same authority and powers over goods and chattels and the persons of parties as is granted by law to a sheriff [or] coroner, under like process issued from courts of record.
Sec. 181. When it shall become the duty of the constable to take the body of any person to the jail of the county, he shall deliver to the sheriff or the jailor a certified copy of the cxecution, commitment or other process whereby he holds such person in custody, and return the original to the justice who issued the same, which copy shall be sufficient authority to the sheriff or jailor to keep the prisoner in jail until discharged by due course of law.
Sec. 182. Constables shall pay over, to the party entitled by him to whom. thereto, all money received by them in their official capacity, if
demand be made by such party, his agent or attorney, at any time before he returns the writ upon which he has received it; if not paid over by that time, he shall pay the same to the justice when he returns the writ.
Sec. 183. Constables shall be liable to ten per cent. penalty upon the amount of damages for which judgment may be entered against them for failing to mako return, making a false return,
Committok prise aer to jail.
Shall pay all money
Penalty for failing to mako rotara, to.
Code of oisil procedure applicable when.
or failing to pay over money by them collected or received in their official capacity; and such judgment must include, in addition to the damages and costs, the penalty herein provided.
Sec. 184. The provisions of the act entitled “An act to establish a Code of Civil Procedure," which are, in their nature, applicable to the jurisdiction and proceedings before justices, and in respect to which no special provision is made by statute, are applicable to the proceedings before justices of the peace.
Seo. 185. Every justice of the peace must keep a book de- Justico shull keep nominated a docket, which shall be furnished by the supervisors of the proper township, in which must be entered by him the proper title of every action in which the writ is served, or, when the parties voluntarily appear, the date of the writ, the time of its return, and, if an order to arrest the defendant or attach property was made, such fact must be stated, together with the affidavit upon which such order was made ; the filing of the bill of particulars of either party and nature thereof, and, when not of too great length, the same [shall] be entered at length on the docket; which of the parties, if either of them, appear at the trial; every adjournment, stating upon whose application, whether on oath or consent, and to what time. When trial by jury is demanded, the demand must be stated and by whom made; the names of the jurors selected and the time appointed for the trial; the names of the jurors who appear and of those sworn; the names of all witnesses sworn and at whose request; the exceptions to the ruling of the justice on questions of law, taken by either party; the verdict of the jury and when received. If the jury disagree and are discharged, that fact must be stated. The judgment of the justice, specifying the items of costs included and the time when rendered; the issuing of the execution, and orders to sell when issued, and to whom the renewals thereof, if any, were made; the return and when made, and a statement of any money paid to the justice and by whom; the giving of a transcript to be filed in the clerk's office and when given ; if appeal be taken, the undertaking and the time of entering into the same, and by which party taken ; the satisfaction of the judgment and the time of satisfying the same.
Sec. 186. The several particulars in the last section specified Seno. must be entered under the title of the action to which they relate, and at the time when they occurred, except that the bill of exceptions in regard to the ruling on questions of law or evidence need not be entered until after the judgment, unless required by the
Shall keep an index.
perg in each notion together.
ball deposit the docket, papers and files, &c., with his successor
justices or one of the parties. Such entries in a justice's docket, or a transcript thereof, certified by the justice or his successor in office, shall be evidence to prove the facts stated therein.
SEC. 187. Each justice must keep an alphabetical index to his dockot, in which must be entered the names of the parties to each judgment, with reference to the page of the entry. The names of the plaintiffs must be entered in the index, in the alphabetical order of the first letter of the family names.
lie shall number the cases progressively upon his clocket, and he shall correspondsende keer 'n pa- ingly number the cases in each case; he shall keep the entire pa
pers in each action together, and in packages of a proper and convenient size, and in the order in which the cases are numbered on his docket.
Sec. 188. It is the duty of every justice, upon the expiration of his term of office, to deposit with his successor his official dockct, as well his own as those of his predecessors, which may be in his custody, together with all files and papers, laws and statutes pertaining to his office, there to be kept as public records and property. If there be no successor elected and qualified, or, if the office becomes vacant by death, removal from the township or otherwise, before his successor is elected and qualified, the dockets and papers in the possession of such justice must be deposited with the nearest justice in the township, if any there be ; and, if there be none, then with the nearest in the county, there to be kept until a successor shall be chosen and qualified, then to be delivered over to such successor on request.
Sec. 189. A justice receiving by succession or on deposit any shall give ruceipt. such docket, papers and laws, shall, if requested, give a receipt
therefor to the person from whom he receives the same.
SEC. 199. The justice with whom the docket of another may da me ostavio be deposited, either during a vacancy or as the successor, is
hereby authorized, while having such docket legally in his possession, to issue execution on any judgment there entered and unsatisfied, and not docketed in the district court, in the same manner and with the same effect as the justice by whom the judgment was rendereil might have done, to take bail in appeal, to issue certified transcripts of judgments on such docket, and proceed, in all cases, in like manner as if the same had been originally had or instituted before him.
Sec. 191. When two or more justices are equally cntitled to entitled to ottico, be deemed the successor in oslice of a justice, the supervisors of
the township shall designate which justice is to be deemed the
The jnatioc receiving them
Have power to proced with
, and have same etfect if dung by predecesfor.
When two or more justices are
to a summons,
successor of the justice going out of office or whose office has become vacant, and shall enter a certificate in the last docket of the justice going out of office or whose office is vacant, of their determination, before the same is delivered to such successor.
Sec. 192. In case of sickness or other disability or necessary income of sickabsence of a justice at the time appointed for trial, another justice of the same township may, at his request, attend in his behalf, and shall, thereupon, become vested with the power, for the time being, of the justice before whom the summous was returnable. In that case, the proper entry of the proceeding before the attending justice, subscribed by him, must be made in the docket of the justice before whom the writ was returnable. If the case be adjourned, the justice before whom the summons was returnable must resume jurisdiction.
Sec. 193. The summons, execution and every other paper Papere made o made or issued by a justice, must be filled up, without a blank álled. to be filled by another; otherwise, it is void.
Sec: 194. A justice, at the request of a party, and, on being one morete a persatisfied that it is expedient, may specially depute any discreet person of suitable age, and not interested in the action, to serve a summons or execution, with or without an order to arrest the defendant or to attach property. Such deputation must be in writing on the process.
Sec. 195. The person so deputed has the authority of a con- ter bority of oooh stable in relation to the service, execution and return of such process, and is subject to the same obligations, but there can be no fee for his services taxed in the bill of costs.
SEC. 196. A justine may punish, as for a contempt, persons Acts punished as guilty of the following acts, and no others: Disorderly, contemptuous or insolent behavior toward the justice, tending to interrupt the due course of a trial or other judicial proceeding; willful resistance, in the presence of the justice, to the execution of a lawful order or process made or issued by him.
Sec. 197. A warrant of arrest may be issued by such justice, May issne ware on which the person so guilty may be arrested and brought before persone so guilty. the justice, when an opportunity to be heard in his defence or excuse must be given. The justice may thereupon discharge him, or may convict him for the offense, and adjudge a punishment by fine or imprisonment, or both; such fine not to exceed twenty dollars, and such imprisonment ten days.
Sec. 193. The conviction, specifying particularly the offense conviction to and the judgment thereon, must be entered on his docket; a warrant of commitment to the jail of the county, until the
Non-residents to give security be toro action is uomenced,
It plaintif after Omn mencing an action shall romove out of the county, may bo required to give socurity for costs.
fine be paid, or for the term of imprisonment, may then be issued. Such warrant must contain a transcript of the entry in the docket, and the same must be executed by any constable to whom it may be given and by the jailor of the county.
Sec. 199. When a person, intending to bring an action before a justice of the peace, is a non-resident of the county in which he intends to commence such action, the justice may, previous to his issuing process, require such person to give security for the costs of suit, which may be done by depositing a sum of money deemed by the justice to be sufficient to discharge the costs that may accrue in the action, or by giving an undertaking, with surety approved by the justice, payable to the adverse party, for the payment of all costs that may accrue in the action.
Sec. 200. If any plaintiff or plaintiffs, after commencing an action before a justice in the county in which he or they reside, remove out of the county, the justice may require such plaintiff or plaintiffs to deposit a sum of money equal to the costs that have accrued and that probably will accrue, or require, in place thereof, that such party give sufficient surety for all costs which have accrued or which may accrue in the action, and, in default to do either, shall enter a non-suit against the plaintiff or plaintiffs.
Sec. 201. In all actions instituted before a justice of the peace, founded upon any bond, bill, promissory note or other instrument of writing for the payment of a sum of money certain, upon which the whole amount of money therein promised is due, it shall be the duty of the plaintiff, his agent or attorney, to file said bond, bill, promissory note or other written evidence of indebtedness, upon which such suit is brought, with such justice of the peace, and, if upon trial, judgment shall be entered thereon in favor of the plaintiff, such bond, bill, promissory note or instrument of writing, shall be retained by the justice so rendering judgment, who shall indorse thereon the sum for which he shall have entered judgment: Provided, The same shall in no wise exceed one hundred dollars, and shall subscribe his name thereto. And, upon payment or tender of the amount of such judgment, together with the costs accruing thereon, it shall not be lawful for the plaintiff to institute any other suit or suits upon said bond, bill, promissory note or other instrument of writing, for the recovery of any further sum or sums, the payment of which is secured by the same bond, bill, promissory note or other written evidence of indebtedness: Provided, That when an appeal shall
Actions fonnded opon any bond, sealad bili, &c., toile thereon with justice,