Sureties of justices are not liable for the unlawful commitment of persons for contempt by such justices. Doepfner v. State, ex rel., 36 Ind. 111.

The sureties of justices are liable for moneys collected by such justices in an official capacity, whether suit be instituted or not. Widener v. State, ex rel., 45 Ind. 244. The sureties of a justice are only liable for moneys that he is authorized by law to receive. State, ex rel., v. Woodman, 36 Ind. 511.

Failure on the part of a justice or his sureties to acknowledge the bond will not release them from liability therein. Brown v. State, ex rel., 76 Ind. 214.

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

1489. (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 office; 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.

See section 7579.

The validity of the appointment of a justice can not be raised in an action to enjoin the collection of a judgment rendered by him. Baker v. Wambaugh, 99 Ind. 312.

1490. (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.

1491. (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,

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.]

1492. (1425.) Election to fill vacancy.-1. Whenever any vacancy shall occur, 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.

1493. (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.]

1494. (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.

1495. (1428.) Vacancy-Docket, etc., where filed.-116. Whenever the office 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 the 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 successor be elected and qualified, and then delivered to such successor.

On the election of a person as a justice of the peace to fill a vacancy, such justice will be entitled to receive the books and papers belonging to the office though they may be in the hands of another justice. Morris v. State, ex rel., 94 Ind. 565.

1496. (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. 1497. (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.

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.

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 Blkf. 417; Walker v. Prather, 3 Ind. 112.

1498. (1431.) Jurisdiction limited-Exception.-9. The jurisdiction of justices in civil cases shall, unless otherwise provided by law, be limited to their townships respectively.

See sections 1508, 9, 10, 11.

Residents of this state can only be sued before justices in the townships of their residence except where different provisions are made by law. Michael v. Thomas, 24 Ind. 72; Grass v. Hess, 37 Ind. 193; Wilkinson v. Moore, 79 Ind. 397; Johnson T. Ramsay, 91 Ind. 189.

An action of replevin may be brought in the township where the property was taken, or in which it is detained. Copple v. Lee, 78 Ind. 230; Buck v. Young, 1 App. 558. Actions by landlords against tenants for possession may be brought before any justice of the county. Scott v. Willis, 122 Ind. 1.

If the question of jurisdiction over the person is not raised it is considered as waived. Ludwick v. Beckamire, 15 Ind. 198; Nesbit v. Long, 37 Ind. 300; Harbaugh v. Albertson, 102 Ind. 69; Day v. Henry, 104 Ind. 324.

Judgments can not be collaterally attacked on account of the defendants being sued outside of their townships. Brickley v. Heilbruner, 7 Ind. 488; Wilkinson v. Moore, 79 Ind. 397.

If a judgment is taken when the justice has no jurisdiction over the person of the defendant, he may have the judgment annulled by suit. Johnson v. Ramsay, 91 Ind. 189; Brown v. Goble, 97 Ind. 86.

The acknowledgment of service of process outside of the state by a non-resident will not confer jurisdiction on a justice over such person. Penrose v. McKinzie, 116 Ind. 35.

1499. (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.

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.

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

1500. (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.

See section 1615.

A justice can not try, determine, or enforce liens against realty. Ainsworth v. Adkinson, 14 Ind. 538. Nor try title to lands. Dixon v. Hill, 8 Ind. 147; Kiphart v. Brennemen, 25 Ind. 152.

Justices of the peace have no jurisdiction in matters of arbitration. Richards v. Reed, 39 Ind. 330.

Nor to foreclose chattel mortgages. Snell v. Mohan, 38 Ind. 494.

Justices of the peace have no jurisdiction over executors or administrators in matters relating to the settlement of estates. Palmer v. Fuller, 22 Ind. 115.

But executors and administrators may sue before justices of the peace. Arnold ". Fleming, 14 Ind. 10.

Justices of the peace have no general powers of equity jurisdiction. Brown v. Goble, 97 Ind. 86; Leary v. Dyson, 98 Ind. 317.

But in the decision of causes they may apply equitable as well as legal principles. Snell v. Mohan, 38 Ind. 494.

The jurisdiction of justices is limited to two hundred dollars except where judgment is confessed. Leathers v. Hogan, 17 Ind. 242; Bank v. Hutton, 81 Ind. 101.

Justices of the peace have jurisdiction in actions of replevin where the value of the property and damages claimed do not exceed two hundred dollars. Fawkner v. Baden, 89 Ind. 587.

If the sums demanded in several paragraphs of a complaint exceed two hundred dollars, the justice will not have jurisdiction. Mays v. Dooley, 59 Ind. 287; State, ex rel., v. Forry, 64 Ind. 260.

The facts stated determine the jurisdiction, and not the amount demanded. Bank v. Hutton, 81 Ind. 101.

Parties can not by consent confer jurisdiction where it is not conferred by law. Horton v. Sawyer, 59 Ind. 587.

Justices can not obtain jurisdiction of a cause by rendering judgment for less than the amount due. Thompson v. Kerr, 17 Ind. 288.

Where a verdict, but not the demand, in a case is over two hundred dollars, a remittal of the excess will warrant a valid judgment. Louisville, etc., R. R. Co. v. Breckenridge, 64 Ind. 113.

Where the amount first claimed was within the jurisdiction, the mere accruing of interest thereon during litigation will not oust it. Bargis v. Farrar, 45 Ind. 41.

If a set-off pleaded, after crediting the plaintiff's demands, exceed two hundred dollars, it should be rejected. Gharkey v. Halsted, 1 Ind. 389.

The amount of jurisdiction can not be increased upon appeal to the circuit court (Pritchard v. Bartholomew, 45 Ind. 219); nor by severing the demands in different paragraphs, where the sum of all exceeds the jurisdiction (Bainum v. Small, 4 Ind. 49; Culley. Laybrook, 8 Ind. 285); though a limit at the close of the complaint may confer jurisdiction (Short v. Scott, 6 Ind. 430; Bozell v. Hauser, 9 Ind. 522; Guard v. Circle, 16 Ind. 401; Mitchell v. Smith, 24 Ind. 252).

The record should affirmatively show that the justice had jurisdiction. Jolly v. Ghering, 40 Ind. 139; Wilkinson v. Moore, 79 Ind. 397.

If a justice is related to either of the parties within the sixth degree he has no jurisdiction. Dawson v. Wells, 3 Ind. 398; Brady v. Richardson, 18 Ind. 1; Trout v. Drawhorn, 57 Ind. 570.

The surety on a replevin bond can not set up the relationship of the justice to the parties as a defense in an action on the bond. Harbaugh v. Albertson, 102 Ind. 69.

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

1501. (1434.) Duty when title to land in question.-12. If the title to land shall be put in issue by plea supported by affidavit, or shall manifestly appear from the proof on trial to be in issue, the justice shall, without further proceeding, certify the cause and papers to the circuit court of the proper county, where the same shall be tried. The title to land can only be put in issue by a plea under oath or by proof on the trial. Wall v. Albertson, 18 Ind. 145; Deacon v. Powers, 57 Ind. 489.

When the title to land is put in issue the justice must certify the cause to the circuit court. Wall v. Albertson, 18 Ind. 145; Bibbler v. Walker, 69 Ind. 362.

It must be necessary to try the title to land in order to oust the justice of jurisdiction. Melloh v. Demott, 79 Ind. 502.

If the pleadings before the justice do not show the title to land to be in issue proof of title in the circuit court on appeal will not affect the validity of the proceedings. Miller v. Cheney, 88 Ind. 466.

If the justice holds that the title to land is not in issue the judgment rendered can not be collaterally assailed. Alexander v. Gill, 130 Ind. 485.

The justice is not ousted of jurisdiction unless the record shows that the title to land was in issue. Duckworth v. Mosier, 129 Ind. 458.

Justices of the peace can only hear actions for the recovery of lands where the relation of landlord and tenant exists, or for forcible entry and detainer, and in such actions the complaints should affirmatively show jurisdiction. Kiphart v. Brennemen, 25 Ind. 152; Burgett v. Bothwell, 86 Ind. 149.

1502. (1435.) Scire facias abolished.-124. Writs of scire facias before justices are abolished, and all suits which might heretofore

have been prosecuted by them may be prosecuted by complaint and

summons.

1503. (1436.) Oaths-Subpoenas-Attachments.-17. Justices shall have jurisdiction co-extensive with the county, to administer oaths, issue subpoenas, and attachments for contempt, in any cause pending before them, or in any matter where they may be authorized to take testimony.

Jurors separating without leave of the justice may be punished for contempt. Murphy v. Wilson, 46 Ind. 537.

Witnesses may be punished for contempt in failing to obey process. State v. Newton, 62 Ind. 517.

Justices can not punish constables for failing to return process or pay over money. Doepfner v. State, 36 Ind. 111.

Changes of venue can not be taken in charges for contempt. State v. Newton, 62 Ind. 517.

1504. (1437.) Docket, how kept.-18. Every justice shall, in a substantial bound book of not less than two hundred pages, keep a docket, in which he shall record the proceedings, in full of all suits instituted before him; which record shall contain the names of the parties at full length, a copy of the cause of action, and of the set-off of the defendant, if any, and all proceedings had therein and the amount of the judgment written out in words; and every such record of each cause shall, when completed, be signed by such justice, and the cause noted in a proper index to be contained in such docket; and every clerk, when he shall deliver to any justice his commission, shall direct his attention to this section.

Failure to copy the complaint into the docket is no cause for dismissal. Indianapolis, etc., R. R. Co. v. Wilsey, 20 Ind. 229.

The justice may keep and use more than one docket hereunder. State v. Mallory, 65 Ind. 43.

The docket in criminal cases need not be made up as in civil cases; need not contain a copy of the affidavit. Nash v. State, 7 Ind. 666, Williams v. State, 48 Ind. 306. The docket in a judgment by default need not contain a copy of the summons and return. Taylor v. McClure, 28 Ind. 39; Reed v. Whitton, 78 Ind. 579.

The original entry in the docket, identified by the proper officer, is competent evidence of its contents. Miller v. State, 61 Ind. 503; Reed v. Whitton, 78 Ind. 579.

A justice's court is a court of record. The record is conclusive. The finding and judgment import absolute verity and can not be attacked or contradicted collaterally, either by pleading or evidence. Pressler v. Turner, 57 Ind. 56; Larr v. State, 45 Ind. 364. The docket entries must be signed by the justice. Ringle v. Weston, 23 Ind. 588. A failure to set out the names of the parties in full, or to copy the cause of action on the docket, will not render a judgment invalid. Hopper v. Lucas, 86 Ind. 43.

The amount of a judgment must be designated with certainty or it will be invalid. Hopper v. Lucas, 86 Ind. 43.

1505. (1438.) Fees for transcript.-19. Such justice shall, on being paid at the rate of ten cents per hundred words therefor, furnish to any person demanding the same a certified transcript of any such record of any suit instituted before him or contained in any docket legally in his possession.