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SECTION 10. Every recognizance so taken for the keeping of the peace, or for good behavior or for both, shall be certified to the next district court of the county.
SECTION 11. In the following cases, and no oth- May punish for ers, a justice of the peace may punish for contempt, persons guilty of the following acts:
1st. Disorderly, contemptuous, insolent behavior, towards such justice, whilst engaged in the trial of a cause, or in rendering judgment, or in any judicial proceedings, which shall tend to interrupt such proceeding, or to impair the respect due to his authority.
2d. Any breach of the peace, noise or other disturbance, tending to interrupt the official proceedings of such justice.
3d. Resistance unlawfully offered to any person in the presence of the justice, to the execution of any lawful order or process made or issued by him.
SECTION 12. Punishments for contempts in the Limited. foregoing cases, may be by fine, not exceeding twenty dollars, or by imprisonment in the county jail, not exceeding two days, at the discretion of tho justice ; but no person shall remain in jail for the non-payment of a fine.
SECTION 13. No person shall be punished for a contempt, before a justice of the peace, until an opportunity shall have been given to him to be heard in his defense, and for that purpose the justice may issue his warrant to bring the offender before him.
SECTION 14. Upon the conviction of any person Record to be for a contempt, the justice shall make up a record of made up. the proceedings on such conviction, stating therein the particular circumstances of the offense and the judgment rendered thereon.
SECTION 15. The warrant of commitment for any contempt, shall set forth the particular circumstances of the offense, or it shall be void.
SECTION 16. Justices of the peace are empowered When Justices to grant subpoenas for witnesses in all matters submitted may grant
subpoenas. to referees and arbitrators, and in all cases where it may be necessary for taking depositions.
SECTION 17. Every justice of the peace who shall Liability. be convicted of bribery, perjury or any other infamous crime, or convicted of any wilful misdemeanor in
When to deliv-
office, by indictment, such conviction shall constitute a removal from office.
SECTION 18. All resignations of justices of the peace shall be in writing, and addressed to the gov. ernor, or to the secretary of this territory.
SECTION 19. Whenever a justice of the peace shall resign, move out of a township, or be otherwise disqualified, he shall immediately thereafter deliver to the next nearest justice of the peace in the same township, all dockets, records, books, papers, and documents, appertaining to his office, or relating to any suit, matter or controversy, committed to him in his official capacity, he taking a receipt therefor.
OF THE JURISDICTION OF JUSTICES OF THE PEACE,
AND AUTHORIZING THEM TO HOLD A COURT.
Jurisdiction of causes tried.
SECTION 1. Every justice of the peace is authorized to hold a court, for the trial of all actions in the following section enumerated, and to hear, try and determine the same, according to law and equity.
SECTION 2. 1st. Of all actions of debt, covenant, and assumpsit, and all other actions founded on contract, where the debt or balance due, or damages claimed, exclusive of interest, shall not exceed fifty dollars.
2d. Actions of trespass and trespass on the case, for injuries to persons or to real or personal property, wherein the damage claimed shall not exceed fifty dollars.
3d. Actions of detinue and replevin, when the thing demanded or claimed, does not exceed in value fifty dollars.
4th. Actions commenced by attachment of property, as hereinafter provided, as well as for any pen. alty given by any statute of this territory, when the amount shall not exceed fifty dollars, and
5th. To take and enter judgment on the confession of a defendant, when the amount confessed shall not exceed the amount for which a justice is authorized to render judgment in action.
SECTION 3. If any suit, properly cognizable before a justice of the peace, be brought in any court of
When plaintiff shall pay coste.
record, the plaintiff may recover judgment therein, but the costs of suit shall be adjudged against him. SECTION 4. No justice of the peace shall have cog. Restriction of
jurisdiction. nizance: 1st
. Against an executor or administrator, for any debt or demand due from the testator or intestate;
2d. Of any action of slander, malicious prosecution or false imprisonment, nor
3d. Of any action, where the title to lands and tenements shall come in question.
SECTION 5. Every justice of the peace shall have Territorial exjurisdiction co-extensive with the county for which he is appointed
SECTION 6. Every action, cognizable before a jus. Before whom tice of the peace, instituted by summons or warrant, trought. shall be brought before some justice of the township,
action must be
1st. Wherein the defendant resides, or
2d. Wherein the plaintiff resides, and the defendant may be found; but if the defendant in any action is a non-resident of the county, or has absconded from the usual place of abode, the action may be brought before some justice of any township where he may be found.
SECTION 7. Every action, instituted by attachment, shall be brought before some justice of ihe township wherein the property of the defendant may be found.
SECTION 8. If there are several persons jointly liable to a suit, residing in different townships in the same county, the suit may be brought in any such township, against all such persons; and if any defendant in a suit, instituted by attachment, has property in several townships in the same county, such attachment may be issued against the property of the defendant wherever it may be found in the county.
SECTION 9. Whenever there shall be no justice of the peace within the township where any suit, cog. nizable before a justice, ought to be brought, or whenever all the justices of such township are interested in any suit, or otherwise disqualified by law from trying the same, every such suit may be brought before some justice of any adjoining township of the same county.
ARTICLE 3. I
OF THE COMMENCEMENT OF SUITS AND THE SERVICE
AND RETURN OF PROCESS.
SECTION 1. Every justice of the peace, shall appoint one day in each week for the return of all summons by him issued, and every summons shall be returnable on such day, except in cases where it is spec. ially otherwise provided.
SECTION 2. Every justice of the peace shall keep a docket, in which he shall enter.
First.—The title of causes commenced before him.
Second.The time when the first process was issu. ed against the defendant, and the particular nature thereof.
Third.—The time when the parties appeared before him, either without process, or upon the return of process.
Fourth.—A brief statement of the nature of the plaintiff's demand, and the amount claimed, and if any set-off was pleaded a similar statement of the set-off and the amount claimed.
Fifth.—Every adjournment, stating at whose request and at what time.
Sixth.-The time when the trial was had, stating whether the same was by jury or by the justice.
Seventh.—The verdict of the jury and when render. ed.
Eighth. — The judgment rendered by the justice and the time of rendering the same.
Ninth. The time of issuing executionpand the name of the officer to whom delivered, and an account of the debt, damages, and costs, as the same was endorsed on the back of the execution.
Tenth.—The fact of an appeal having been made and allowed, and when made and allowed.
SECTION 3. The several items, in the preceding sec. tion enumerated, together with all other entries special. ly required by this act to be made in the docket, shall be entered under or opposite to the title of each cause to which they respectively relate and in addition there. to, the justice may enter any other proceedings, had
before him in the cause, which he shall think it useful
be instituted before a jus- How saits may tice, either by the voluntary appearance and agreement
be instituted. of the parties, or by process; and the process for the institution of a suit before a justice, shall be either a summons, a warrant against the person, or attachment against the property of the defendant.
SECTION 5. Whenever the plaintiff is a non-resi- Security for dent of the county, the justice may require of him security for the costs, before the institution of the suit; and whenever a suit has been commenced by any person, whether a resident of the county or not, the justice shall
, on the application of the defendant, order the plaintiff to give security for the costs; and if the plaintiff refuse to comply with the order the justice shall dismiss the suit.
SECTION 6. Whenever any suit shall be founded Note to be on an instrument of writing, purporting to have been filled with the executed by the defendant, such instrument shall be lost. filed with the justice before any process shall be issued.
SECTION 7. But if such instrument be alleged to be lost, or destroyed, it shall be sufficient for the plaintiff to file with the justice the affidavit of himself or some other creditable person, stating such loss or destruction, and setting forth the substance of such instrument.
SECTION 8. If any suit or set-off, be founded upon Proof of loss. any lost or destroyed instrument of writing, the party, resying upon such lost instrument, shall be required, upon the trial or hearing of the cause, to prove such loss or destruction, either by his own oath, or by other competent testimony. And if upon such trial or hearing it appears that the same was intentionally put away or destroyed, the demand or set-off founded upon such instrument shall be rejected.
SECTION 9. In any suit founded on an account, a Bill of items. bill of the items of such account shall be filed with the justice before any process shall be issued in the suit.
SECTION 10. All process issued by justices of the Requisites of peace,
shall run in the name of the United States of process. America," be dated on the day it is issued, and shall be signed by the justice granting the same.
SECTION 11. În all cases not otherwise specially Summons.