although he does not state that the copies served were certified by him. It will be presumed that he did all that the law requires. 144. Where the return of an officer upon an attachment does not show that the defendants could not be found within the county, and where it only states that when he left the copy at their "last place of residence," they were absent therefrom, it is not even prima facie evidence that they could not be found. 145. The return to an attachment issued by a justice under the non-imprisonment act (1831), in which the officer states that he has seized the goods and chattels mentioned in the inventory annexed, and that the defendant not being found in the county, he left a copy of the attachment, &c., duly certified by him, with B, in whose possession the goods were found, "the defendant having no place of residence in the county of C," is sufficient, although it does not state specifically whether the copy of the attachment was or was not personally served on the defendant. 146. (26 Q.) A warrant may be issued by a justice of the peace on the oath of the plaintiff himself, under the 4th section of the act of 1808 (2 R. S. 228, § 17). 147. A justice cannot of his own knowledge issue a warrant at the suit of a non-resident plaintiff, without oath. Nor does a written request to the justice to let the plaintiff have a warrant, and that the party subscribing it would be answerable for the costs, authorize the issuing of a warrant. 148. The security required to be given by a non-resident plaintiff, in commencing an action before a justice by warrant, may be a deposit of money with the justice. 149. The practice of courts of record, as to surrender of bail, does not apply to a justice's court. In a suit on a bond taken pursuant to the 8th section of the "act extending the jurisdiction of justices of the peace” (2 R. S. 225), the surety cannot surrender the principal against his consent or without execution. 150. To give a justice jurisdiction under a warrant upon the $50 act (sess. 47, ch. 238), the defendant must be personally arrested and brought into court before the justice, to authorize him to render a judgment thereon. 151. Under the justices' act of 1824, the oath of the party applying for a warrant is proof, within the meaning of the statute, whereon the necessity and propriety of issuing a warrant may be determined. And it seems that the affidavit of the party applying for a warrant is sufficient, under the Revised Statutes. 152. The act authorizing the proceeding by warrant does not justify the officer in taking security for the appearance of the defendant. Such security, if taken, is void. It is the officer's duty to take the defendant forthwith before the justice. 153. The security given by a non-resident plaintiff, on obtaining a warrant from a justice, extends to the final determination of the cause, and includes the costs in the appelbate court. 154, Where a suit is brought in a justice's court in the names of two plaintiffs, an affidavit that one of them is a non-resident of the county is not sufficient to authorize the issumg of a warrant. It seems that a warrant may be issued when the real plaintiff is a non-resident, although the nominal plaintiff is a resident of the county. 155. To authorize a justice of the peace to issue a warrant, under the statute, against an inhabitant having a family, or against a freeholder, the affidavit must state facts and circumstances showing the grounds of the plaintiff's application. The mere allegation that he believes there will be danger of losing his debt, unless a warrant issues, is not sufficient. 156. Where a defendant has been arrested on a warrant issued upon proof of non-residence, for the recovery of damages on a contract, and it appears before the justice that he was a resident of the county for more than thirty days before the warrant was issued, the justice should dismiss the proceedings. 157. In an affidavit for a warrant by a justice, it is sufficient for the plaintiff, in stating his cause of action for a tort or wrong, to allege that he believes he has a canse of action against the defendant, and ther set out when and how he claims it arose. It is not necessary to swear positively as to the cause of action. 158. (27 Q.) The indorsement upon process issued in an action for a penalty in violation of a statute requiring that upon such process shall be indorsed a general reference to the statute, should specify at least the number of the title, if not the particular section, under which the action is brought. 159. An indorsement on a summons issued by a justice, in an action brought to recover penalties for violations of the excise law, in these words: "Issued according to the proceedings (instead of provisions, as stated in the statute) of title 9, chapter 20, part 1st of the Revised Statutes," is a substantial compliance with the statute. 160. An indorsement upon a summons issued in an action brought against a toll-gatherer upon a plank road, to recover a penalty for demanding and receiving illegal toll, which states that the process is "issued according to the provisions or the statute concerning the incorporation of turnpike and plank road companies, and the collection of penalties for demanding and receiving more than lawful toll in passing toll gates on such roads," is a sufficient compliance with the requirements of the statute. 161. An indorsement upon a summons issued by a justice to recover a penalty for a violation of the excise law, in these words: "Issued according to the provisions of title 9, part 1, chapter 20 of the statute of excise and the regulation of taverns and groceries," is sufficient. Where the reference is to the title, which is not subdivided into articles, it is sufficient. 162. Where a summons issued to recover a penalty under the excise law was indorsed, "This summons is issued according to the provisions of section 13 of an act entitled 'An aet to suppress intemperance and to regulate the sale of intoxicating liquors,' passed April 16, 1857," held amply sufficient. § 53. Jurisdiction of these courts. Justices of the peace shall have civil jurisdiction in the following actions, and none others; excepting as in the second section (Sub. 10,) it is provided: 1. In actions arising on contracts for the recovery of money, only, if the sum claimed does not exceed two hundred dollars; 2. An action for damages for injury to rights pertaining to the person, or to personal or real property if the damages claimed do not exceed two hundred dollars; 3. An action for a penalty not exceeding two hundred dollars. 4. An action commenced by attachment of property as now provided by statute, if the debt or damages claimed do not exceed two hundred dollars. 5. An action upon bond conditioned for the payment of money, not exceeding two hundred dollars, though the penalty exceed that sum, the judgment to be given for the sum actually due. Where the payments are to be made by instalments, an action may be brought for each instalment as it becomes due. 6. An action upon a surety bond taken by them, though the penalty or amount claimed exceed two hundred dollars. 7. An action upon a judgment rendered in a court of justice of the peace, or by a justice, or other inferior court in a city where such action is not prohibited by section seventy-one. 8. To take and enter judgment on the confession of a defendant, where the amount confessed shall not exceed five hundred dollars, in the manner prescribed by article eight, title four, chapter two, of part three of the Revised Statutes. 9. An action for damages for fraud in the sale, purchase or exchange of personal property, if the damages claimed do not exceed two hundred dollars. 10. The actions so commenced shall be tried in all respects as other actions are tried in justices' courts. The judgment for the plaintiff may be for the possession, or for the recovery of the possession, or the value thereof, in case a delivery cannot be had, and of damages for the detention. If the property have been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property, or the value thereof in case a return cannot be had, and damages for taking and withholding the same. An execution shall be issued thereon, and if the judgment be for the delivery of the possession of personal property, it shall require the officer to deliver the possession of the same, particularly describing it, to the party entitled thereto, and may at the same time require the officer to satisfy any costs or damages recovered by the same judgment out of the personal property of the party against whom it was rendered, to be speci fied therein, if a delivery thereof cannot be had. The execution shall be returnable within sixty days after its receipt by the officer, to the justice who issued the same, 1. Question. Has this section been amended since its passage in 1848? Answer. It has, in 1849, 1851, 1860, 1861, 1862, and 1865, which last amendment reads as above. 2. Q. How did this section read in 1848, 1849, 1851, 1860, 1861, and 1862? A. As follows: $46. [1848.] Justices of the peace shall have civil jurisdiction in the following actions, and no other: 1. An action arising on contract for the recovery of money only, if the sum claimed do not exceed one hundred dollars; 2. An action for damages for an injury to the person, or to real or personal property, if the damages claimed do not exceed one hundred dollars; 3. An action for a penalty, not exceeding one hundred dollars, given by statute. 4. An action commenced by attachment of property, as now provided by statute; if the debt or damages claimed do not exceed one hundred dollars; 5. An action upon a bond, conditioned for the payment of money, not exceeding one hundred dollars, though the penalty exceed that sum; the judgment to be given for the sum actually due. Where the payments are to be made by instalments, an action may be brought for each instalment, as it shall become due; 6. An action upon a surety bond taken by them, though the penalty or amount claimed exceed one hundred dollars. 53. [1849.] Justices of the peace shall have civil jurisdiction in the following actions, and no other: 1. An action arising on contract for the recovery of money only, if the sum claimed do not exceed one hundred dollars; 2. An action for damages for an injury to the person, or to real property, or for taking, detaining or injuring personal property, if the damages claimed do not exceed one hundred dollars; 3. An action for a penalty, not exceeding one hundred dollars, given by statute; 4. An action commenced by attachment of property, as now provided by statute, if the debt or damages claimed do not exceed one hundred dollars; 5. An action upon a bond, conditioned for the pavment of money, not exceeding one hundred dollars, though the penalty exceed that sum, the judgment to be given for the sum actually due. Where the payments are to be made by instalments an action may be brought for each instalment as it shall become due; 6. An action upon a surety bond taken by them, though the penalty or amount claimed exceed one hundred dollars; 7. An action on a judgment rendered in a court of a justice of the peace, or of a justices or other inferior court in a city where such action is not prohibited by section seventy-one; 8. To take and enter judgment on the confession of a defendant, where the amount confessed shall not exceed two hundred and fifty dollars, in the manner prescribed by article eight, title four, chapter two, of part three of the Revised Statutes. $53. [1851.] Justices of the peace shall have civil jurisdiction in the following actions, and no other: 1. An action arising on contract for the recovery of money only, if the sum claimed do not exceed one hundred dollars; 2. An action for damages for an injury to the person, or to real property, or for taking, detaining, or injuring personal property, if the damages claimed do not exceed one hundred dollars; 3. An action for a penalty not exceeding one hundred dollars; 4. An action commenced by attachment of property, as now provided by the statute, if the debt or damages claimed do not exceed one hundred dollars; 5. An action upon a bond, conditioned for the payment of money, not exceeding one hundred dollars, though the penalty exceed that sum, the judgment to be given for the sum actually due. Where the payments are to be made by instalments, an action may be brought for each instalment as it shall become due; 6. An action upon a surety bond taken by them, though the penalty or amount claimed exceed one hundred dollars; 7. An action on a judgment rendered in a court of a justice of the peace, or of a justices' or other inferior court in a city where such action is not prohibited by section seventy one; 8. To take and enter judgment on the confession of a defendant where the amount confessed shall not exceed two hundred and fifty dollars, in the manner prescribed by article |