it shall be the duty of the justice of the peace acting, to summon the injured party, and all others whose testimony may be deemed material, as witnesses at the trial and to enforce their attendance by attachment if necessary.

SECTION 11. All trials before a justice of the peace Trial by jury. under this article, shall be by a jury of six competent men, unless the parties agree to leave the decision to the justice, who if they find the defendant guilty, shall assess the fine to be paid by him, which shall not be Fine. less than five dollars, nor more than fifty dollars, according to the nature of the offense.

SECTION 12. When proceedings are commenced costs, by under the provisions of this article, on the information whom paid. or complaint of the injured party, his name shall be entered by the justice in his docket as prosecutor, and if the defendant shall be discharged or acquitted the prosecutor shall be adjudged to pay costs; all other cases of discharge or acquittal the costs shall be paid by the county.

fendant

SECTION 13. In all cases of conviction under the When by deprovisions of this article, the justice shall enter judgment for the fine and costs against the defendant, and may commit him until the judgment is satisfied, or issue execution on the judgment to the use of the county.

discharged.

SECTION 14. Any defendant, who shall be com- How defendant mitted or taken in execution on such judgment, may at any time after ten days actual imprisonment in jail, take the benefit of the laws for the relief of insolvent debtors; and on taking the oath, and complying with the other requisitions of said law, may be discharged; and in that case the county shall pay the costs of the prosecution, and charge of imprisonment, and for the amount thereof shall be a privileged creditor of the defendant, entitled to be first satisfied out of his property and effects.

SECTION 15. Either the prosecutor or the defend- Appeal. ant may appeal to the district court, if he shall, on the day of the rendition of the judgment, file an affidavit stating that he verily believes that injustice has been done by the verdict and judgment, and also enters into recognizance with two sufficient securities, which Recognizance. recognizance shall be in the form, and with the same

Duty of the justice.

When cause to be tried.

Judgment.

Costs.

Execution.

condition required in appeals from a justice of the peace in civil cases.

SECTION 16. All appeals, taken ten days or more before any term of the district court of the county, shall be returnable to that term, but if taken within ten days next before the commencement of a term, shall be returnable to the second term.

SECTION 17. When an appeal is taken and forfeit ed, according to the foregoing, it shall be the duty of the justice, to cause all material witnesses to enter into recognizance, in the sum of fifty dollars each, conditioned for their appearance to testify in the cause at the term to which the appeal is returnable, and shall, on or before the first day of such term, file in the office of the clerk of the district court, a copy of the entries on his docket, with a copy of the process and affidavit of appeal, and the original recognizances of the appellant and witnesses duly certified.

SECTION 18. The clerk of the district court shall enter the cause on his docket, and if the appeal be regularly taken, the cause shall be heard on the merits at the return term, unless good cause be shown for a continuance, and the costs in both courts shall abide the event of the trial in the district court.

SECTION 19. If the appeal be not taken and perfected on the day of rendering judgment by the justice, the judgment shall be affirmed.

SECTION 20. If the judgment of the justice shall be affirmed, or upon a trial in the district court the defendant shall be convicted, and any fine assesssd, judgment shall be rendered for such fine, and costs, in both courts against the defendant and his securities.

SECTION 21. If in an appeal taken by the prosecutor, the judgment of the justice shall be affirmed, the prosecutor and his securities shall pay all costs of said appeal; and if the judgment of the justice should have imposed the payment of the costs upon said prosecutor, and said judgment be affirmed, the judg. ment of the district court shall include the costs of both courts and be against the prosecutor and his securities.

SECTION 22. If the judgment of the district court be not satisfied in thirty days after the rendition thereof, execution may issue against the party, against whom judgment has been rendered, and his securities,

which shall be made out of the property of the said party, if sufficient thereof be found, if not then out of the property of said securities.

SECTION 23. In all cases not specially provided for. by this article, the process and proceedings before the justice, shall be governed by the laws regulating proceedings in justices courts in civil cases.

urer.

SECTION 24. It shall be the duty of the justice be. Duty of the fore whom any conviction may be had under this county treas. article, if there be no appeal, to make out and certify and within ten days after the date of the judgment, deliver to the treasurer of the county a statement of the case, the amount of the fine, and the name of the constable charged with the collection thereof, and the county treasurer shall charge the constable with the amount of such fine; and unless the same be paid into the county treasury within thirty days after the date of the judgment, the commissioners of the county shall, at their next meeting, render judgment against such officer, for the amount due and twenty per centum thereon, making however proper deductions for insolvencies, on which judgment execution shall be issued as other executions are, and the proceeds paid into the county treasury. SECTION 25. It shall be the duty of the county Must give treasurer, to give to the different officers who may be charged on his book, with sums payable into the county treasury, and against whom judgment may be rendered at least six days' notice, previous tothe meeting of the county commissioners.

**I ༄༄

notice.

SECTION 26. Any justice of the peace, sheriff, cor- Penalties. oner, constable, or other officer, who shall willfully neglect or refuse to perform any duty enjoined on him by this article, shall be deemed guilty of a misdemeanor in office; and shall moreover pay the sum fifty dollars. And any person who shall, when summoned to aid in arresting or securing an offender, refuse to give such assistance shall pay five dollars. A

SECTION 27. Fines and penalties incurred under How recovered. the provisions of this article, in cases not otherwise

provided, may be recovered before any justice by ac

tion of debt. ni quenwot

necessary on adjournment.

SECTION 28. When a trial under the provisions of Subpoena unthis article shall be continued by the justice, it shall not be necessary for the justice to summon any wit TER. LAWS-23

ness who may be present at the continuance, but said justice shall verbally notify such witnesses as either party may require, to attend before him to testify in the cause on the day set for trial, which verbal notice shall be as valid as a summons.

SECTION 29. This act to take effect and be in force from and after the first day of April, 1838.

SECTION 30. All acts and parts of acts, that contravene the provisions of this act, from and after the first day of April, 1838, are hereby repealed.

ARTICLE 13.

OF THE FORMS OF WRITS OR PROCESS.

SECTION 1. The following, or other equivalent forms, shall be used by the justice of the peace, in proceedings to be had under this act, to wit:

To the constable of township, in said county: In the name of the United States of America, you are hereby commanded to summon

if

shall be found within your township, to be and appear before the undersigned one of the justices of the peace in and for the said county, on the

of the clock in the

day of

noon at

18-at
in the said township (or county,) to answer

the complaint of

Given under my hand this

township in said county:

To the constable of

In the name of the United States of America, you

are hereby commanded to take the body of if to be found within your township, and

bring

forthwith before the undersigned, one of the justices of the peace in and for said county, at

township, to answer the complaint of

in said

and

you are also commanded to give due notice thereof to

the said plaintiff.

Given under my hand this

In the name of the United States of America, you are hereby required to appear before the undersigned, one of the justices of the peace in and for said county, in the town (or township) of

at

day of

on the at I of the clock in the noon of said day, to give evidence in a certain cause then and there to be tried between

plaintiff, and

county

To the constable of

township in said county: In the name of the United States of America, you are hereby commanded to summon good and law. ful men, to be and appear before the undersigned, one of the justices of the peace in and for sail county, on the day of present (or next) at of the clock -noon of said day, in the town (or towaship) to make a jury, for the trial of an acon of between -, plaintiff, and

in the

of

fendant.

-

de

18

G. H., justice.

Given under my hand this- day of

To the constable of -- township in said county:

Whereas judgment against

and

for the sum of

costs, lawful money of the United