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respectively, such fine or fines as they may judge expedient for any absence or absences, neglect or neglects, which such jurors may be guilty of, during the terms of the said courts; provided such fines shall not exceed ten
dollars for any one offence. Fines how Sec. 8. And be it further enacted, That all fines incurred
by jurors under this act, shall be levied and collected by a warrant of distress from the court, directed to the sheriff (or his deputy) of the county wherein such juror dwells, or his estate be found ; on which warrant the same fees shall be demanded as are allowed on executions; and such fines when collected shall be paid into the gen
eral-treasury. Which ju. Sec. 9. And be it further enacted, That when it shall rors to be happen in any town, that jurors are to be drawn to serve first drawn
at the supreme judicial court and to the courts of common pleas and general sessions of the peace, at the same town-meeting, then the jurors to serve at the supreme judicial court shall be first drawn; and grand jurors shall
be drawn before petit jurors. When to Sec. 10. And be it further enacted, That all grand and
petit jurors, drawn as aforesaid, shall attend the courts for which they shall be drawn at nine of the clock in
the forenoon of the second day of the term. Jurors
Sec. 11. And be it further enacted, That each grand and petit juror who shall attend the supreme judicial court or the court of common pleas and general sessions of the peace, or any special court of common pleas, shall be allowed one dollar per day for his attendance thereon; and every drawn juror, two cents per mile (if over one mile) for his travel going, and two cents per mile returning ; to be paid out of the general-treasury; and it shall be the duty of the clerks of every court, to certify to the general-treasurer, the number of days that each juror has actually attended, the number of miles he has travelled, (if a drawn juror,) and the amount of his fees according to
the provisions aforesaid. Plaintiffor Sec. 12. And be it further enacted, That the plaintiff or appellant appellant in either of said courts, shall pay to the clerk to pay 5 dollars.
thereof, the sum of five dollars, for the trial of each cause, before the verdict therein shall be rendered, to be paid
by such clerks into the general-treasury. No free. Sec. 13. And be it further enacted, That no freeholder holder ex- who has sufficient estate in the town wherein he resides &c. to qualify him as a freeman, (or his eldest son, being of
Writs a- Sec. 17. And be it further enacted, That all and even Chem void. ry summons, writ, execution or other process, which shall
be served upon any of the persons aforesaid, or their estates, contrary to this act, shall be null and void, and of no effect in law.
1741 '43 945 '53'57 84 '98
An act establishing Justices of the Peace, and regulating the 1803 '18 proceedings and trials in civil actions brought before them. 20 '22. Justices of Section 1. Be it enacted by the General Assembly, and by the the peace authority thereof it is enacted, That the general assembly, to be appointed.
at their session on the first Wednesday in May annually, shall choose so many justices of the peace for each town in this State, as they shall think proper for the adminis·tration of justice, who shall be commissioned and engaged
according to law. Their ju- DEC.
Sec. 2. And be it further enacted, That all actions or risdiction pleas of the case, account, debt, detinue, covenant, rein civil causes.
plevin, and trespass (if the title to lands, tenements or hereditaments, is not in dispute) where the debt, damage or demand amounts to no more than twenty dollars, may be heard, tried and determined, by one or more justices of the peace, or wardens, of the town wherein such action shall be brought, who shall enter up judgment, and award
execution thereon: and the writ of execution shall be ution signed by the justice who issued the original writ: Proby whom signed. vided nevertheless, That whenever any justice of the peace
or warden of any town shall cease to sustain said office, any justice of the peace or warden of the same town may, upon application to him made in writing, issue a writ of execution or of scire facias upon any judgment in civil actions, in the same manner and with the same effect as such justice of the peace or warden ceasing to sustain
said office might have issued, had he continued in office. Writs how Sec. 3. And be it further enacted, That the original writ to be is or summons, in any such case aforesaid, shall be signed
by a justice or warden of the town where the action shall be commenced; and shall be directed to the sheriff, his deputy, or to either of the town-sergeants or constables in the county in which such suit shall be brought : and in case both parties live in the same county, then the action shall be brought either in the town where the plaintiff lives or in the town where the defendant lives, or is to be found, except in cases where by law any particular direc
sued and served.
be sued for.
his account against the plaintiff, and the court shall settle the true balance or difference of their accounts, give judgment therein, and award execution for such balance (if by
the adjustment and judgment of the court it doth not exCourt may ceed twenty dollars) with cost: Provided, That where the render account exhibited by the defendant shall exceed the sum judgment
st the of twenty dollars, and in the opinion of the court shall be plaintiff in due the defendant, to a greater amount than twenty dollars, case.
then and in such case the court shall render judgment
against the plaintiff as in case of non-suit, and for the deho may fendant for his costs only, and shall not any further adjudiprosecute. cate upon the account of the defendant, whose right to sue
for the same by action at law shall remain in the same man
ner as before the commencement of the said action of the Balance of plaintiff: Provided always, and it is the true intent herenotes may of, That all actions for the recovery of money due on any
note, or other instrument in writing, which was given originally for twenty dollars, or a larger sum, and which by indorsement is reduced to twenty dollars or under, including principal and interest, may be brought at any such justice's court as aforesaid, and judgment may be entered thereon and execution awarded, in the same manner as though said note had been originally given for twenty dol
lars or a less sum. Proceed. Sec. 6. And be it further enacted, That when an action ings in of trespass shall be brought before any justice of the peace trespass where tior warden, and the defendant shall plead the general istle to land sue, he shall not be allowed to offer any evidence that dispute. may bring the title of real estate in question : and when
the defendant in any such action shall plead the title of himself or any other person in justification, the justice, upon having such plea filed, shall require the defendant to give bond to the adverse party in a reasonable sum, with sufficient surety or sureties, to enter the said action at the next court of common pleas to be holden within the same county, and to prosecute the same in the same manner as upon an appeal from a justice's judgment: and if such defendant shall refuse so to give bond, the justice shall render judgment against him in the same manner as if he had refused to make answer to the suit: and either party in
such case shall be allowed to appeal from the judgment of from com- the court of common pleas, in the same manner as if the mon pheas suit had been originally commenced there : and every lowed. justice of the peace shall have power, by public procla