as a juror in either of said courts, during the six months immediately preceding such selection. And any person who shall have served as a juror in any court of a justice of the peace, mayor of any city, or judge of any city court shall be disqualified to act as a juror in either of such courts at any time within six months after he has so served. And should any person be selected as such juror contrary to the provisions of this act, it shall be sufficient cause for challenge.

1557. Judgment, entry, signing.

The enforcement of a judgment rendered by a justice of the peace can not be enjoined because of irregularities, the remedy being by appeal. Calvert v. Hendricks, 155 Ind. 592.

If a judgment rendered by a justice of the peace is void for want of jurisdiction, the enforcement of such judgment may be enjoined. Davis v. Osborn Co. 156 Ind. 86.

1570. Trial and practice on appeal.

On the trial of causes appealed from justices of the peace, the same rules as to pleading and proof apply in the circuit court as are applicable before justices. Flanagan v. Reitemier, 26 App. 243.

1613. Notice to assert claim to property.

If a person claiming property levied on by an officer commences a suit to recover such property and fails to prosecute the same to final judgment, such person will be barred to afterwards assert a claim to the property the same as if such officer had served a notice on such person under the statute to assert their claims to the property. Small v. Finch, 31 App. 18.

1615. Replevin, complaint, bond.

Justices of the peace can acquire jurisdiction in actions of replevin only by the filing of a verified complaint and a bond conditioned as required by statute. Allen v. Frederick, 26 App. 430.

[Acts 1905, p. 24. In force April 15, 1905.]

1615a. Action without bond, possession, judgment.-1. That an action in replevin for the recovery of personal property may be maintained before a justice of the peace or mayor of a city without filing a replevin bond, by filing a complaint containing the allegations now required by law for a complaint in replevin suit before a justice of the peace, but in such action the defendant shall retain the possession of said property until judgment is rendered against him. If the judgment is for the plaintiff, the value of the property and damages for wrongful detention, if any, shall be found, and judgment shall be rendered for the possession of the property with damages for the unlawful detention thereof, and that on failure of defendant to surrender possession to plaintiff, plaintiff shall have judgment for the full value of said property without right of exemption. A writ shall at once be isued on such judgment directed to the constable or proper officer and ordering him to at once take possession of said property and deliver the same to plaintiff, and collect as upon execution the amount of

the damages and cost adjudged in said cause against the defendant, and if said personal property can not be found, that the value thereof be collected on said writ as upon an execution without the benefit of exemption laws: Provided, That nothing in this act shall be construed as repealing any laws now in force.

[Acts 1903, p. 172. In force March 5, 1903.]

1641. Fees of justices, salaries of certain justices.-24. The fees of the justices of the peace shall be as follows: For each summons or capias, 25 cents; for every examination on a criminal information on oath, 50 cents; for swearing each witness, 5 cents; for every warrant in a criminal cause, 25 cents; for every trial on complaint for unlawful detention of lands or tenements, $1; for issuing every attachment for contempt, 25 cents; for taking acknowledgment of a deed or power of attorney, 25 cents; for order for removing pauper from county, 50 cents; for certifying description of a boat adrift or an estray, 35 cents; for warrant or certificate of appraisement, 25 cents; for taking and certifying depositions, 25 cents, and for each one hundred words therein, 10 cents; for each process required by law and not herein enumerated, 25 cents; for every writing or record not herein provided for, every one hundred words, 10 cents; for every trial on default, 25 cents; for every trial where defense is made, $1; for each additional day occupied in trial, after the first, $1; for certifying copies of all proceedings, for each one hundred words, 10 cents; for entering continuances, 10 cents; for every bond or recognizance, 25 cents; for every venire for summoning a jury, 25 cents; for subpoenas for witnesses, to include all called for at one time, 25 cents; for each transfer, judgment or docket of judgment, 25 cents; for issuing execution, 25 cents; for each oath not herein otherwise provided, 5 cents; for rendering every final judgment, 25 cents; for trial of right of property and judgment, $1; for swearing jury, 10 cents; for making up docket, for every one hundred words, 10 cents; for each writ of attachment against property, 25 cents; for making return of fines, for each mile necessarily traveled, to be paid out of the county treasury, 10 cents; for transmitting papers. in case of appeal, 25 cents; for writing an affidavit, 25 cents: Provided, That in all cases pending before a justice of the peace there shall be charged and collected, for the use and benefit of the township, a docket fee, as follows: In all townships in the state, in which there is no city, with a population of one hundred thousand or more, as shown by the last preceding United States census, the docket fee to be charged and collected shall amount to 25 cents in the event of a dismissal of the suit without a final judgment, and 50 cents in case a final judgment is entered in said cause. And in all townships in which there is located a city having a population, as shown by the last preceding United States census, of one hundred thousand or more, the docket fee to be charged and collected in each case shall be and amount to the sum of one dollar in the event the suit is disposed of without a final judgment, and of three dollars in the event a final

judgment is entered in the case. And in each and every case said docket fee shall be charged and collected, not for the use or benefit of said justice of the peace, but for the use and benefit of the township in which said justice of the peace shall hold his office, and said docket fees, when collected, shall, by said several justices, and each of them, quarterly, to wit, on the 31st day of March, the 30th day of June, the 30th day of September and the 31st day of December, be reported to and paid over to the township trustee of said township, to be by him entered in and accounted for as a part of the general funds of said township. And said docket fees shall be taxed by said justice of the peace as other costs and collected in the same manner, and shall be first paid out of any costs paid or collected: And provided further, That in any township in the state wherein is located a city having a population of one hundred thousand or more, as shown by the last preceding United States census, no fees, named in this section other than the docket fees above, shall be charged as collected, but the justices of the peace, and each of them, shall receive, in lieu thereof, a salary at the rate of two thousand dollars per annum, payable quarterly, on the 31st day of March, 30th day of June, 30th day of September and 31st day of December, in each year, out of the township treasury, which said salary shall be in full of all compensation, fees or allowances. as mentioned and set forth in this section: And provided further, That in any township in the state having therein a city of not less than 45,000 and not more than 60,000 population, according to the last preceding United States census, or the principal part of such city, the fees named in this section, other than the docket fees charged and collected in townships in which there is located a city having a population of 100,000 or more, according to the last United States census, shall be charged and collected by said justices of the peace, but for the use and benefit of the township in which said justice of the peace shall hold his office, and said fees, when collected, shall, by said several Juctices, and each of them, quarterly, to wit, on the 31st day of March, the 30th day of June, the 30th day of September and the 31st day of December, in each year, be reported to and paid over to the township trustee of said township, to be by him entered in and accounted for as a part of the general funds of said township, and the justices of the peace of such townships, and each of them, shall receive in lieu thereof a salary at the rate of one thousand dollars per annum, and said salary shall be payable quarterly, on the 31st day of March, 30th day of June, 30th day of September and 31st day of December, in each year, out of the township treasury, which said salary shall be in full of all compensation, fees or allowances, as mentioned and set forth in this section.

This act amends section 1641, Burns' R. S. 1901.

Doubt exists as to the constitutionality of this section, as section 22 of article 4 of the constitution prohibits the passage of local or special laws regulating the duties of

justices of the peace, practice in courts of justice, and county and township business. See Board v. State, 161 Ind. 616.

See sections 1484a-1484c for salaries and fees taxed by certain justices.

See section 8072 as to duties of township trustees in making settlements with and payment of salaries of justices of the peace in certain cases.

[Acts 1905, p. 584. In force April 15, 1905.]

1642. Division of offenses.-1. That all crimes and public offenses which may be punished with death or imprisonment in the state prison shall be denominated felonies; all [and] all other offenses against the criminal law shall be denominated midemeanors.

This act supersedes prior statutes concerning criminal procedure, defining criminal offenses and prescribing punishment therefor.

The section numbers begin with the number to the corresponding section in Burns' K. S. 1901, and are continuous throughout the chapter.

See sections 1642-1660, Burns' R. S. 1901, and notes.