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whom he ci to be commi evidence
mation, to adjourn the trial of any action brought before him, from time to time, when equity may require it.
Sec. 7. And be it further enacted, That in all civil actions Evidence triable before a justice of the peace, except such actions we
llons general igof trespass wherein the defendant means to avail himself, sue. by pleading the title of himself, or any other person under whom he claims, in justification of the trespass or trespassés alleged to be committed on real estate, the defendant shall be entitled to all evidence under the general issue which by law he might avail himself of under any special plea in bar whatever.
Sec. 8. And be it further enacted, That any party who Appeal shall be aggrieved at any judgment of any justice of the granted peace or warden, may appeal therefrom to the next court of common pleas to be holden in the same county, where the party so aggrieved shall have a hearing of said case, which shall be final; provided he shall within five days Terms of. pay the costs, and give bond in said justice's court, in a sum not exceeding fifty dollars, with sufficient surety or sureties, to prosecute such appeal with effect, or in default to pay costs.
Sec. 9. And be it further enacted, That no attorney's fee No attorshall be allowed and taxed in the bill of cost before any ney's fee. justice's court.
Sec. 10. And be it further enaeted, That when any person Defendant shall be sued in any action as aforesaid, he may go with may con
fess juasthe officer who served the writ or summons, before the ment. justice or warden who shall have issued the same, and there confess judgment for the plaintiff's demand, first giving bail in the action, if bail be required by the terms of the writ, which confession the justice or warden shall record, tax cost as far as it hath accrued, and award execution.
Sec. 11. And be it further enacted, That the officers in Baile this State who shall serve any justice's writ of arrest, shall taken. observe the same rules in taking bail as the sheriffs are holden to by the laws of this state.
Sec. 12. And be it further enacted, That no execution shall Execution issue on any judgment obtained as aforesaid in less than i five days after judgment rendered ; and all such executions shall be returned to the justice or warden who granted the same, in three months after the date thereof; or in case of his death or removal from the town, then to be returned to the town-clerk; and shall be directed in the same manner as the original process; and shall be served How serve in the same manner as executions are directed to be serv- ed.
ed, which are issued out of the court of common pleas : and in case the execution, granted by such justice or warden, shall be levied on goods and chattels, the same shall be advertised for sale immediately, by the officer who shall have the execution in charge, in two or more public places, and shall be by him, or some other legal officer duly authorized, exposed to sale in ten days after levying such execution, unless the owner shall within that time redeem them; and after sale, if there be any surplus
money, the same shall be returned to the owner. Judgments Sec. 13. And be it further enacted, That all judgments and
proceedings shall be fairly recorded in a book to be kept for that purpose only; and every justice of the peace
and warden shall, within six months after he shall cease to Records to sustain the office of justice or warden, lodge with the be lodged
ed town-clerk of the town in which he lives, all his records town, and official papers, to be preserved by such town-clerk clerk's of
of as appendages to his office: and in case of the decease fice.
of any justice of the peace or warden, his executors or administrators shall lodge his records and papers as aforesaid in the office of such town-clerk, within six months after the death of such justice or warden: and if any justice of the peace or warden, or the executors or ad
ministrators of such justice or warden, shall neglect or rePenalty fuse to lodgesuch records or papers as aforesaid, every such for neg.
person so offending shall forfeit and pay the sum of two lect.
dollars a month, for each month he shall so neglect or refuse, to be recovered by an action of debt, in any court of competent jurisdiction; one moiety thereof to and for the use of the State, and the other moiety to and for the use
of him who shall sue for the same. • Former
Sec. 14. And be it further enacted, That it shall be the justice to duty of any person who may have sustained the office of deliver original justice of the peace or warden, at any time before he shall papers. have lodged his records and official papers with the town
clerk, to deliver to any other justice of the peace or warden of the same town, to whom application in writing may have been made, to issue any writ in pursuance of this
act, the original papers in any such civil action: and it Also town. shall be the duty of any town-clerk, at any time after the
records and official papers of any justice of the peace or warden shall have been lodged in his office, in like manner to deliver such original papers; provided the justice of the peace or warden to whom application has been made as aforesaid, shall first make a demand in writing,
particularly specifying the papers wanted; and upon neg- Penalty lect or refusal for the space of twenty-four hours after for refusal. such demand, the person so refusing shall be liable to pay to the party in whose favor judgment was rendered in the original action, the amount of such judgment; to be recovered in an action of debt, before any court of competent jurisdiction.
Sec. 15. And be it further enacted, That if any justice of Penalty the peace shall sell any blank writ, by him officially sign- blanking ed, or shall deliver to any person, any such writ, with per- writs. mission in the absence of such justice to fill up and serve, or cause to be filled up and served such writ, and shall be thereof lawfully convicted, before any court of record, he shall forfeit ten dollars, to be paid into the town-treasury of the town to which such justice shall belong, and shall also be ineligible to that office for the term of two years next after such conviction.
Sec. 16. And be it further enacted, That town-sergeants Constaand constables may and shall serve and execute in any bles, &c. to
"Y serve protown of the county, to which such town-sergeant and con- cess thro'stables belong, all writs,summonses and other processes to out the
county. them directed, and which by law may or ought to be served and executed by town-sergeants and constables; except in cases where by law it is otherwise specially provided.
SECTION 1. Be it enacted by the General Assembly, and by the Justices? authority thereof it is enacted, That it shall be within the tien inc power, and shall be the duty, of every justice of the criminal peace, to take cognizance of all assaults and batteries cases. committed within the county in which he resides, and to punish the offenders as by law provided; and to cause to be stayed and arrested all affrayers, rioters, disturbers and breakers of the peace, and to bind them by recognizance to appear at the next supreme judicial court, or court of general sessions of the peace, to be holden with
in the same county, at the discretion of the justice; and · also to require such persons to find surety or sureties for their keeping the peace, and being of good behavior, until the sitting of the court they are to appear before; and to commit such persons to prison who shall refuse so to recognize and find surety or sureties: and the justices of
May com- the peace shall respeiff. deputy-sherit, coment at an affray,
May comes the lance of and of hattery; exceedings war
the peace shall respectively examinę into all treasons, murders, homicides and felonies, done and committed in their counties, and commit to prison all persons guilty or suspected to be guilty of treason, murder, or other capi. tal offence, and hold to bail all persons guilty or suspected to be guilty of lesser offences, which are not triable by a justice of the peace; and shall require sureties for the good behaviour of all dangerous or disorderly persons, and shall take cognizance of and examine into all other crimes, matters and offences, which by particular laws are put within their jurisdiction.
Sec. 2. And be it further enacted, That the justices of mand as- the peace shall respectively have powerto command the as
to sistance of every sheriff, deputy-sheriff, town-sergeant and suppress riots, &c. constable, and of every other person present at an affray,
riot, assault and battery; and may fine any person refusing such assistance, not exceeding seven dollars, for the use of the State, to be levied by warrant of distress, on the offender's goods and chattels, and for want thereof on
his body. Assault
Sec. 3. And be it further enacted, That it shall and and bat- may be lawful for any one or more justices of the peace tery.
to try any person or persons charged with an assault or battery or both, and on sufficient proof to convict the person or persons so charged, and to sentence such defendant or defendants to a fine not exceeding twenty dollars, or to imprisonment not exceeding twenty days; but if it shall appear to the justice or justices, to whom complaint as aforesaid, shall be made, that neither of the punishments aforesaid is adequate to the offence, it shall be the duty of such justice or justices thereupon to bind over the offender or offenders, with one or more sufficient sureties in a recognizance, to appear at the next supreme judicial court or court of general sessions of the peace, in the county wherein said offence shall have been committed, at the discretion of said justice.
Sec. 4. And be it further enacted, That it shall and may Theft. .
be lawful for any two or more justices of the peace to try any person or persons charged with theft, in their respective counties, where the money or article stolen shall not exceed the sum of ten dollars ; and on sufficient proof, to convict the person so charged, and to sentence such convict to a fine not exceeding ten dollars, and to restoration of the property stolen, or the value thereof ; or in default of the payment of said fine, and the restora
battery of persons so charge fine not exceeding days; but
imprisoants to ged, ani proo
tion or payment of the value as aforesaid, to sentence such convict to be whipped not exceeding twenty stripes, or to be imprisoned not exceeding one month.
Sec. 5. And be it further enacted, That when any com- Shall take plaint shall be made to any justice of the peace, of any recogniassault or battery, or any theft or other crime within the complain. jurisdiction of justices of the peace to try, or any com- ant. plaint craving sureties of the peace, or good behaviour, the said justice, before he shall grant any warrant or other process to apprehend the person or persons accused, shall take a recognizance from the complainant, with sufficient surety, to prosecute the said complaint with effect, or in default thereof to pay all lawful costs which may accrue to the State, or to the person or persons accused; and in case the complainant shall not prosecute
pay cost in such complaint, or if the defendant or defendants upon case. trial be acquitted, the justice of the peace to whom the complaint shall be made, or the justices' court before whom the cause shall be tried, shall tax and allow all lawful costs against the complainant ; and in default of payment of the same within three days after the taxation thereof, the justice or court as aforesaid shall issue an execution against the complainant, and his, her or their sureties, returnable in forty days : and in case said court Defendant shall sentence the person or persons accused to find shall pay
down cost sureties of the peace or for good behaviour, such person in case or persons shall pay down the costs, and in default of finding such sureties and paying the costs, shall be committed to the jail in the county, until the order or sentence of said court shall be complied with and performed.
Sec. 6. And be it further enacted, That if after a trial as On appeal aforesaid, an appeal shall be had to the court of general i
*. . to bring in sessions of the peace, the party appealing shall bring in- copy. to the court appealed to, together with a copy of the case, a copy of the recognizance given by the complainant as aforesaid, and if the defendant or defendants shall there be acquitted, the said court shall tax the costs and issue execution accordingly. Sec. 7. And be it further enacted, That when it shall be Justices
may conmade to appear to any two justices, that any person being fine lunawithin their county is lunatic or so furiously mad as to ren
tics. der it dangerous to the peace or the safety of the good people, for such lunatic person to go at large, the said justices shall have full power, by warrant under their hands and