in session by an order signed by the Judge and filed in the office of the Clerk of such court or by an order of the court if in session entered of record in the order book in such court, to extend the time for the tendering of a bill of exceptions in any such case for a sufficient length of time to enable such party so applying to prepare and tender to such Judge or court a bill of exceptions in the cause, which, when prepared and tendered within the time so granted by said court or Judge in vacation, shall when filed in the office of the Clerk of such court become. a part of the record in such case in the same manner and to the same extent as if the same had been tendered within the time originally fixed in such cause for the tendering of a bill of exceptions, or for the filing of the transcript of such shorthand reporter.

See sections 1405 to 14080.

1410. Duty of Clerk of Supreme Court. 2. Upon the filing in the office of the Clerk of the Supreme or Appellate Court of this State, in any cause pending on appeal therein, a certified copy of any such order or extension of time granted by any Judge or court in such cause in the court from which such appeal was taken, as provided in the preceding section, it shall be the duty of the Clerk of the Supreme or Appellate Court to withdraw from the transcript of the record in such appeal, either with or without any part of any bill of exceptions, the longhand manuscript of the shorthand reporter included in such transcript and to deliver the same to any appellant or person prosecuting such appeal, which may be used for the purpose of being embodied in the bill of exceptions provided for in Section one of this act.

1411. Additional bill of exceptions. 3. Upon the filing of a bill of exceptions as provided for in section one and two of this act, properly authenticated by the signature of the Judge of the court from which said appeal is prosecuted, the same shall be certified by the Clerk of such court to the Clerk of the Supreme or Appellate Court wherein such appeal is pending, and the same shall be and become a part of the transcript and record of such cause on appeal, as a part of the record in such appeal, and shall be so considered for all purposes in the disposition of said cause on appeal.

[1 R. S. 1852, p. 101. In force May 6, 1853.]

1412. Money, how drawn from Treasury. 1. No money shall be drawn from the treasury of any county, except by authority of law, and in conformity with the rules hereinafter prescribed.

2. The

1413. Warrant for sums fixed by law or public record. Auditor may draw his warrant on the Treasurer for a sum, the amount whereof, and the time when, and the person to whom the same may be due are fixed by law, or ascertainable from a public record, with proof of personal identity. 1414. Warrant for sums allowed by Courts of record. 3. He may also draw his warrant upon the Treasurer for a sum allowed, or certified to be due any Court of record authorized to use a seal and having jurisdiction beyond that of Justices of the Peace, or by the Board of County Commissioners.

1415. Allowance to assistants of Sheriff. 4. The said Courts may allow sums to persons serving as assistants to the Sheriff, in preparing the court house for the reception of such Courts, and in the preservation of order, and in attendance upon juries, and to persons performing any services under the order of such Court. But the number of such assistants employed shall never exceed the actual necessities of the case.

1416. Allowance for fuel and repairs. 5. The said Courts may also allow such sums as may be due to persons furnishing fuel used in term time, or furniture for the court-room, or making repairs thereof.

[1853, p. 3. In force August 6, 1859.]

1417. Allowances in State prosecutions. 6. The Circuit Courts may also make allowances for necessary expenditures incurred under their order, to women, children, or aged or infirm or poor persons summoned as witnesses in State prosecutions.

counties.

SEC.

1480. Party as witness.

1481. Depositions.

1482. How sent and opened.
1483. Issues - Jurors,

1484. Challenges Oath of jurors.
1485. Disagreement - Contínuance.
1486. Pay of jurors.

1487. New trial Notice, etc.

1488. When granted-Day fixed - Notice.
1489. Judgment- Entry-Signing.

1490. By confession.

1491.

Balance in favor of defendant-Judgment.

1492. By default.

1493. Default, how set aside.

1494.

1495.

Without relief.

Purchase of judgment by Justice or Consta
ble unlawful.

1496. Judgment collected - To pay over
1497. Satisfaction of judgment.

1498. Revival of judgment.

1499. Appeal - How taken.

1500. Appeal-bond.

1501. Filing transcript.

1502. Trial and practice.

1503. Appeal after thirty days.

1442a. Several defendants-Summons to other 1504. Appeal dismissed.

1505.

Costs.

1506. Execution - Issue.

1507.

How directed - Form - Where served. 1508. Indorsement by Constable - Lien. 1509. When returnable.

1510. Alias execution.

1511. Sales.

1512. Suretyship.

1513. After three years, affidavit required. Delivery-bond- -Constable responsible. Bond forfeited.

1514.

No appeal from judgment on bond.
Bond forfeited - Defendant not entitled to
property.

1518. Judgment on bond.

1451. Summons.

1452. Manner of service.

1515.

1453

When must not serve by copy.

1516.

1517.

1455.

Return of "not found."

1456. Practice.

1457. Appearance - Justices, etc.

1458. Form of action

Complaint-Parties.

1459. Joinder of causes.

1521.

1460. Answer.

1522.

1461. Complaint.

1462. Set-off.

1463. Replication unnecessary.

1464.

Amendments.

1465. Plaintiff to include all accounts.

1466. Complaint on transcript.

1467. Change of venue, when.

1469. Cost of change.

1468. Change granted.

1468a. Appointment of attorney.

1470. Papers transmitted.

1471. Continuance.

1472. For witness - Subpoena.

1473. Subpoena, when returnable.

1474. Constable's duty-Tender of fees.

1475. Rules of evidence.

1476. Proof.

1477. Witnesses.

1519. Sale of property.

1520. Stay-Effect.

When not allowed.

Limit of time.

1523. Additional bail.

1524. How bail may compel execution.

1525. New bail.

1526. When judgment for use of bail.

1527. Sale-Effect of death before.

1528. On execution.

1529. Claim to property - Verified complaint.

1530. Summons -- Rule as to non-residents.

1531. Continuance.

1532. Suspension of proceedings on whit.

1533. Cause of action- Pleas- Evidence.
1534. Jury.

1535. Amendments..

1536. Verdict.

1537. Appeal and bond,

1538. Disposition of property.

1539. Damages on appeal.

1540. Effect of judgment.

1418. Number. 1. That the number of Justices of the Peace in each township shall be regulated by the Board of County Commissioners of the county by proper orders of record, but the number shall not exceed two for each township, and one in addition thereto for each incorporated town therein, and one in addition thereto for each incorporated city therein, and authenticated copies of such order shall be furnished by the Auditor to the Clerk of the Circuit Court: Provided, however, That in no event shall the number of Justices in any township in which is located a city having a population of one hundred thousand or more, as shown by the last preceding United States census, exceed five Justices. The said Board of County Commissioners in any such township in which there is located a city having a population of 100,000 or more, shall designate the places where said Justices of the Peace shall hold their offices, and such Justices of the Peace shall keep their offices open every day, Sundays and legal holidays excepted, during such hours as the business thereof shall require. [As amended 1899 S., p. 76. Approved February 22, 1899.

The amendment to this sec., 1883 S., p. 190, was held vold in Feibleman v. State ex rel., 98 Ind. 516.

1. This section gives discretionary power to the Board to fix the number of Justices In a township at not more than three, and one additional for each incorporated town therein. A justice of the town is also a Justice of the township.-Town of Spencer t. Cline, 28 Ind. 51.

2. A Justice is required to have an office, and may change the place thereof, but not without notice to parties affected thereby.-Hannum v. State, 38 Ind. 32.

3. A Justice is a township officer, and must be elected by the voters of the township. -Town of Spencer v. Cline, 28 Ind. 51.

[2 R. S. 1852, p. 449. In force May 6, 1853.] 1419. Effect of reduction.

2. The reduction of such number shall

not operate to remove any Justice from office.

1420. Effect of change in township. 3. When, by any change in the township of a county, a Justice shall be brought within the limits of a township other than the one in which he was elected, he shall serve out his term in such township as one of the Justices thereof.

[1861, p. 140. In force July 5, 1861.]

1421. Official bond. 8. The official bond of a Justice of the Peace shall be in such a sum as may be required by the Clerk of the Circuit Court, not less than two thousand nor more than six thousand dollars, and conditioned for the faithful discharge of the duties of his office, and the payment, to the proper persons, of all moneys that may come into his hands as such Justice.

1. If a Justice of the Peace, in the discharge of his official duties, act corruptly to the injury of a party, he and his sureties are liable therefor upon his bond. - State v. Flinn, 3 Blackf. 72. Contra: Kress v. State, 65 Ind. 106.

--

2. For mere error of judgment there is no liability.-Dietrichs v. Shaw, 43 Ind. 175. 3. The breach of the duty must be specifically set forth. State v. Littlefield, 4 Blackf. 129; Noel v. State, 6 id. 523; Weaver v. State, 8 id. 563. 4. If the Justice act wholly without authority, he is liable. Blackf. 421; Barkeloo v. Randall, 4 id. 476.

--

Poulk v. Slocum, 3

5. Failure to pay over money is a suable breach of his bond, if collected while in office (King v. State, 15 Ind. 64), whether by suit or without it (Widener v. State, 45 Ind. 244).

6. If a Justice receive money, the receipt of which is not by law authorized, the sureties are not liable.-State v. Woodman, 36 Ind. 511..

[2 R. S. 1852, p. 449. In force May 6, 1853.]

1422. Vacancies. 4. Vacancies in the office of Justice of the Peace shall be filled at the township election next preceding the time at which such vacancy will occur, or next after the creation of the oflice; and it shall be the duty of the Clerk of the Circuit Court to notify, in writing, the Trustee of the proper township, at least thirty days previous to such election, that such vacancy is to be filled, which notice shall authorize the board of judges of such township to hold said election, and make legal return thereof.

1. See law of 1875 (p. 92), in force March 10, 1875, set out under title of “Offices and Officers."

1423. Notice of election.

5. It shall be the further duty of such

Clerk to issue his precept to the Sheriff of the county, directing him to give legal notice of such election; and such Sheriff shall give twenty days' notice thereof, by posting up notices in at least three public places in such township, and delivering a copy thereof to the inspector of elections in such township.

1424. Certificate of election. 6. The board of judges, or a majority of them, in any such election, shall make out and sign a statement, setting forth, in words, the number of votes given to each person at such election for such office, and seal and transmit the same, by one of their own number, to the Clerk of the Circuit Court, on the Wednesday next after such election. And such Clerk shall declare the proper number of persons having the highest number of votes duly elected, and, within ten days thereafter, if there be no contest, certify such fact under the seal of his Court to the Secretary of State; on which certificate the Governor shall issue commissions to the persons so elected.

[1855, p. 142. In force February 2, 1855.]

1425. Election to fill vacancy. 1. When any vacancy shall oceur, more than thirty days prior to the first Monday in April, in the office of Justice of the Peace, in any county in this State, by death, resignation, or otherwise, it shall be the duty of the Clerk of the Circuit Court of such county to order an election to fill such vacancy.

1426. Law governing election. 2. All such special elections, the returns thereof, and issuing commissions to the persons elected, shall be conducted and governed by the laws now in force governing special elections; and the person so elected shall hold his office four years from the date of his commission.

[2 R. S. 1852, p. 449. In force May 6, 1853.]

1427. Resignation. 7. The resignation of any Justice of the Peace shall be delivered to the Clerk of the Circuit Court of the proper county. 1428. Vacancy-Docket, etc., where filed. 116. Whenever the of fice of any justice becomes vacant all dockets, papers and laws which came to his hands by virtue of his office shall be delivered to his successor; or if no successor has yet been elected and qualified, then to nearest justice in the township; or if there be none in the township, then to the nearest justice in the county, to be by him kept until such successór be elected and qualified, and then delivered to such successor: Provided, That at the expiration of three years from the date of the rendition of the last judgment entered in any docket it shall be the duty of the justice in whose custody such docket shall have been to deposit the same in the office of the Clerk of the Circuit Court of the County, and there such docket shall be kept among the other court records of the county. And after such docket shall have been so deposited with the Clerk of the Circuit Court said Clerk shall have authority to issue executions upon any judgments recorded in said docket in accordance with the laws governing the issuing of executions upon judgments where more than three years have elapsed since the rendition thereof, and no execution has ever been issued. [As amended 1899 S., p. 75. Approved February 22, 1899.

1429. Absence-Docket to nearest Justice. 117. Any Justice absenting himself from the township for a longer period than thirty days shall deposit the dockets, books, and papers which came to his hands by virtue of his office with the nearest Justice of his township.

1430. Powers of Justice receiving. 118. A Justice with whom the docket of another may be deposited during vacancy or absence, and the successor of any Justice having the dockets of his predecessor in his possession, may issue process thereon, give transcripts thereof, and do all other acts in relation thereto which he might legally do in relation to his own dockets. But process so issued shall be returned to the Justice who may have the legal custody of such dockets at the return-day thereof.

I. A Justice who is only the custodian of the docket of another can not grant an appeal without transferring the judgment in the case to his own docket.- Walker v. Prather, 3 Ind. 112.

2. The mere custodian of a docket may give a transcript; but it must show that he is such custodian, and that he has transferred the case to his own docket.- Anderson v. Miller, 4 Blackf. 417; Walker v. Prather, 3 Ind. 112.

1431. Jurisdiction limited - Exception.

9. The jurisdiction of Justices in civil cases shall, unless otherwise provided by law, be limited to their townships respectively.

I. A Justice can not try, determine, or enforce liens against realty. Ainsworth ». Adkinson, 14 Ind. 538. Nor try title to lands.- Dixon v. Hill, 8 Índ. 147; Kiphart . Brennemen, 25 id. 152. Nor foreclose a mortgage of personalty or realty.-- Snell v. Mohan, 38 Ind. 494.

2. Territorially, jurisdiction in civil actions is limited to the township, except when commenced by capias. Maxwell . Collins, 8 Ind. 38; Michael v. Thomas, 24 id. 72. 3. Jurisdiction of the person may be conferred by consent.- - Gage v. Clark, 22 Ind. 163; Grass. Hess, 37 id. 193.

1432. When no Justice in township. 126. Whenever there is no acting Justice of the Peace in any township, the nearest Justice in an adjoining township shall have jurisdiction of all cases arising in such township having no Justice.

I. A Justice, not for any reason disqualified, is liable to an action for his refusal to act; but such refusal does not give the Justice of an adjoining township jurisdiction in such cases.- Poyser v. Murray, 6 Ind. 35; Logansport, etc., R. R. Co. v. Groniger, 51 id. 383.

[1861, p. 140. In force July 5, 1861.]

1433. Amount of jurisdiction. 10. Justices of the Peace shall have jurisdiction to try and determine suits founded on contracts or tort, where the debt or damage claimed or the value of the property sought to be recovered does not exceed one hundred dollars; and concurrent jurisdiction to the amount of two hundred dollars; but the defendant may confess judgment for any sum not exceeding three hundred dollars. No Justice shall have jurisdiction in any action of slander, for malicious prosecutions or breach of marriage contract, nor in any action wherein the title to lands shall come in question, or the Justice be related by blood or marriage to either party.

1. A degree of relationship more remote than that of second cousin does not affect jurisdiction; relationship of such degree, or within it, ousts the same.- Dawson v. Wills, 3 Ind. 398; Brady v. Richardson, 18 id. 1.

2. Relationship by affinity ceases with the marriage making it, except as to the issue thereof. Trout v. Drawhorn, 57 Ind. 570.

3. The jurisdiction in contested cases is two hundred dollars as to amount.-- Hor.