1632. (1564.) Issue-Trial.-103. If such debtor appear to such affidavit, and issue be taken to the country thereon, it shall be tried by the justice, or a jury shall be impaneled, at the request of either party, to try the same, as in other cases.

1633. (1565.) Commitment.-104. If such trial be determined against such debtor, and he will not forthwith surrender for the benefit of such creditor the moneys, effects, property, or things in action, which may be found to have been removed, concealed, transferred, or withheld, or pay the value thereof, an execution shall issue against his body, and he shall be arrested and committed to the prison of the county, there to be confined until duly discharged according to law.

A discharge of the defendant with consent of the plaintiff operates as a discharge of the judgment. Wakeman v. Jones, 1 Ind. 517.

An illegal discharge of the defendant amounts only to an escape. Freeman v. Smith, 7 Ind. 582.

The defendant must be found guilty of fraud before he can be arrested, and is entitled to be discharged on complying with the judgment. Wendover v. Tucker, 4 Ind. 381.

1634. (1566.) Defendant leaving state-Arrest.-105. If it be made to appear, by affidavit, that the plaintiff has reason to believe that such debtor will leave the state before determination of the matters in issue, a capias ad respondendum shall forthwith issue against such debtor, and be served and executed as in a personal action.

1635. (1567.) Release on bail-Surrender.-106. Such debtor, on being arrested, may be released from arrest on giving special bail; and may be surrendered by such special bail, in discharge of his recognizance, in like manner as is provided for in other cases of special bail in this act.

1636. (1568.) Recognizance.-107. The condition of the recognizance of such special bail shall be, that such execution debtor will surrender his body in execution if a capias ad satisfaciendum shall be awarded against him, or pay the value of the property or other effects found to be concealed or otherwise withheld; which condition shall be implied from the words "special bail" in the undertaking on the docket.

1637. (1569.) Constable may take bail.—108. The constable making such arrest may take such reconizance of bail, either before or after such debtor is committed to prison; and shall make return of his proceedings.

When a constable justifies an arrest he should show a return of the capias. May v. Sly, 5 Blkf. 206.

1638. (1570.) Proceedings against special bail.-109. The like proceedings shall be had on such recognizance of special bail as are authorized by this act against special bail for the appearance of a party arrested on a capias ad respondendum, and the same taken and entered in like manner and form; but the surety shall only be liable to the extent of the value of the effects found to be fraudulently withheld, concealed, transferred, or removed.

1639. (1571.) Forms prescribed.-127. The following forms shall be used by justices, as nearly as the circumstances will permit; but no writ or judgment shall be invalid for want of form, if it contains the substance:

To any constable of Charlestown township: You are hereby commanded to summon John Doe to appear before me, at my office, on the 1st day of January, 1852, at ten o'clock in the forenoon, to answer Richard Roe in a complaint wherein he claims the sum of ten dollars; and return then and there this writ. Dated this 10th day of December, 1851.

RICHARD STILES, Justice. [SEAL.]

CAPIAS AD RESPONDENDUM.

To any constable of Clark county: You are commanded to take John Doe, and forthwith bring him before me, at my office, to answer Richard Roe on a complaint, wherein he claims ninety dollars, and notify the plaintiff, his agent or attorney, of such arrest; and have then and there this writ.

To any constable of Clark county: You are commanded to summon John Stiles and Peter Warner to appear before me, at my office, on the 1st day of January, 1852, at ten o'clock in the forenoon, to testify on the part of the plaintiff in the case of John Doe v. Richard Roe; and have then and there this writ. Dated this 10th day of December, 1851.

RICHARD STILES, Justice. [SEAL.]

To any constable of Clark county: Whereas, John Doe obtained judgment against Richard Roe, as appears of record on the docket now in my possession, for fifteen dollars, with interest from the 1st day of January, 1852, together with five dollars for costs: You are therefore commanded to make the same, together with all accruing costs, by levy and sale of the goods of Richard Roe, and make return thereof within six months from date.

To any constable of Clark county: Whereas, John Doe obtained judgment against Richard Roe, as appears of record on a docket now in my possession, for fifteen dollars, with interest from the 1st day of January, 1852, together with five dollars for costs; And whereas, a writ of capias ad satisfaciendum has been awarded on said judgment against the said Richard Roe: You are therefore commanded to take said Richard Roe, and unless he pay said judgment, costs, and accruing costs, commit him to jail until discharged by law.

Dated this 10th day of January, 1852.

State of Indiana,}

Clark County,

SS:

RICHARD STILES, Justice. [SEAL.]

WRIT OF ATTACHMENT.

To any constable of Clark county: Whereas, John Doe has filed with me the affidavit and bond necessary to entitle him to a writ of attachment against Richard Roe for the sum of fifty dollars, claimed to be due said John Doe from the said Richard Roe: You are therefore commanded to attach the goods, chattels, rights, credits, moneys, and effects of said Richard Roe in your county, to be kept and disposed of according to law, and make legal return hereof.

Dated this 1st day of January, 1852.

RICHARD STILES, Justice. [SEAL.]

State of Indiana,
Clark County,

}

SS:

SUMMONS FOR A GARNISHEE.

To any constable of Clark county: Whereas, a writ of attachment has been by me issued, on the complaint of John Doe, against the goods and chattels, rights and credits of Richard Roe; And whereas, it has been made to appear by affidavit, that John Smith is indebted to said Richard Roe [or has property of said Richard Roe in his possession, as the case may be]: You are hereby commanded to summon said John Smith to appear before me, at my office, on the 20th day of January, 1852, at ten o'clock in the forenoon, to answer, under oath, such questions as may be asked him in relation thereto; and have then and there this writ.

Dated this 12th day of January, 1852.

State of Indiana, SS:

Clark County,

REPLEVIN.

RICHARD STILES, Justice. [SEAL.]

To any constable of Clark county: You are commanded to take the following goods and chattels, to wit: Nine hogs, one cow, and one sorrel horse, alleged to be in the possession of Richard Roe, and deliver the same forthwith to John Doe; and, further, that you summon the said Richard Roe to appear before me, at my office, on the 10th day of January, 1852, at ten o'clock in the forenoon, to answer the complaint of said John Doe, wherein he claims said property, and twenty dollars in damages for the detention of the same. RICHARD STILES, Justice. [SEAL.]

Dated this 1st day of January, 1852.

John Doe vs.

Richard Roe.

DOCKET ENTRY OF TRIAL AND JUDGMENT.

Complaint for sixty-one dollars.

January 1st, 1852. At request of plaintiff, summons issued, returnable the 10th of January, 1852, at ten o'clock in the forenoon, and was delivered to John Smith, constable.

January 3d, 1852. Plaintiff filed his complaint in the words and figures following: [Here insert the complaint.]

January 6th, 1852. Subpoena issued, at the request of plaintiff, for Henry Smith, and delivered to John Smith, constable.

January 10th, 1852. The parties appeared for trial; and on plaintiff's motion, supported by affidavit, cause continued until the 15th of February, 1852, at the cost of the plaintiff.

February 15, 1852. Parties appeared. Defendant moved to dismiss the complaint for insufficiency; which motion was overruled. On plaintiff's motion, he was permitted to amend his complaint as follows: [Here insert the amendment.]

Defendant filed set-off in the words and figures following: [Here insert the set-off.] And also the following special plea: [Here insert the plea.]

A jury having been demanded by the defendant, and the parties having agreed to the number of six, venire issued therefor; and, being returned, the following named persons were sworn as jurors, to wit: [Here insert the names of the jurors.] Who, after hearing the evidence, returned into court the following verdict: "We, the jury, find that the plaintiff recover of the defendant the sum of eleven dollars.

"JOB HAYS, Foreman." It is therefore adjudged that the plaintiff recover of the defendant the sum of eleven dollars, with interest from date, together with his costs and accruing costs. RICHARD STILES, Justice.

JUDGMENT BY DEFAULT.

January 10th, 1852. This day came the plaintiff; the defendant came not, but made default: And it appearing, from the return of the summons, that the same had been served on the 3d of January, 1852, and the plaintiff having made proof of his complaint,

it is adjudged that the plaintiff recover of the defendant the sum of ten dollars, with interest from this date, together with his costs and accruing costs.

RICHARD STILES, Justice.

JUDGMENT ON A NOTE, PAYABLE WITHOUT RELIEF FROM VALUATION LAWS.

It is adjudged that the plaintiff recover of the defendant the sum of twenty dollars, with interest from this date, together with his costs and accruing costs, and that he have execution therefor, without relief to said defendant from valuation laws. RICHARD STILES, Justice.

BOND IN COMPLAINT IN REPLEVIN.

We, John Doe and Henry Smith, acknowledge ourselves bound to Richard Roe, in the penal sum of one hundred dollars. Witness our hands and seals this 1st of Janu

The condition of this obligation is: That, whereas, said John Doe has filed his complaint before Richard Stiles, justice, averring that said Richard Roe does unlawfully detain from him one sorrel horse of the value of fifty dollars, upon which complaint he prays restitution of said property: Now, if said John Doe shall prosecute said complaint to effect, and return said property, if return be awarded to said Richard Roe, and pay all costs and damages adjudged against him in such action, then said obligation shall be void. JOHN DOE. [SEAL.] HENRY SMITH. [SEAL.]

Test: RICHARD STILES, Justice.

VERDICT AND JUDGMENT FOR PLAINTIFF IN REPLEVIN.

We, of the jury, find that the defendant did wrongfully take [or detain, as the case may be] the property of the plaintiff named in the complaint; and that the plaintiff recover of the defendant the sum of eleven dollars. JOB HAYS, Foreman. It is therefore adjudged that the plaintiff recover of the defendant the sum of seven dollars, with interest from this date, and his costs and accruing costs.

RICHARD STILES, Justice.

VERDICT AND JUDGMENT FOR DEFENDANT ON LIKE COMPLAINT. We, the jury, find that the defendant did not wrongfully take [or detain, as the case may be] the property of the plaintiff; and that the defendant have return thereof.

JOB HAYS, Foreman.

It is therefore adjudged that the defendant be acquitted in this action, and recover of the plaintiff his costs, and that he have return of said property.

that

RICHARD STILES, Justice. [If the facts do not justify verdict and judgment for a return of the property, part of the form may be omitted.]

VERDICT AND JUDGMENT IN CASE OF THE LAWFUL DETENTION OF LANDS. We, the jury, find that Richard Roe did, at the commencement of this suit, unlawfully detain from John Doe possession of the following described tract of land, to wit: The west half of lot numbered eighty on the plat of the town of Jeffersonville, in Clark county, Indiana; and that said John Doe is entitled to possession thereof, and to recover of said Richard Roe ten dollars for such detention. JOB HAYS, Foreman.

It is therefore adjudged that said John Doe have restitution of the premises in said verdict named; and that he recover of said Richard Roe the sum of ten dollars, with interest from this date, and costs and accruing costs. RICHARD STILES, Justice.

WRIT OF RESTITUTION, ON COMPLAINT FOR THE Unlawful DETENTION OF LANDS.

State of Indiana,} }s

Clark County,

SS:

To any constable of Clark county: You are commanded forthwith to put John Doe in possession of the west half of lot numbered eighty on the plat of the town of Jeffer

sonville, in said county, by removing therefrom Richard Roe and his goods; and that of the goods of said Richard Roe, by distress and sale thereof, you make the sum of ten dollars, with interest from the 1st of January, 1852, together with costs, taxed at four dollars, and accruing costs, for which said John Doe has judgment against said Richard Roe, as appears of record on my docket; and of this writ make legal service and return.

Dated this 1st day of January, 1852.

APPEAL-BOND.

RICHARD STILES, Justice. [SEAL.]

We, Richard Roe and John Smith, acknowledge ourselves bound to John Doe in the penal sum of fifty dollars. Witness our hands and seals, this 2d day of January, 1852. Whereas, said John Doe, within thirty days last passed, obtained judgment against Richard Roe, before Richard Stiles, justice, for twenty dollars, with costs taxed at five dollars, and said Richard Roe has appealed therefrom: Now if said Richard Roe shall prosecute his appeal to final judgment, and pay such judgment as may be rendered against him on such appeal, this bond shall be void; else in force.

RICHARD ROE. [SEAL.]
JOHN SMITH.

Taken and approved by me this 2d day of January, 1852.

[SEAL.]

RICHARD STILES, Justice.

1640. (1572.) Use of court forms.-128. In all other cases not herein provided for, justices shall adopt and use the forms prescribed for use in the circuit court, with such variations as circumstances may require.

[1875 S., p. 31. In force August 24, 1875.]

1641. (6555.) Fees.-24. The fees of justices of the peace shall be as follows:

For each summons or capias, twenty-five cents.

For every examination on a criminal information on oath, fifty cents. For swearing each witness, five cents.

For every warrant in a criminal cause, twenty-five cents.

For every trial, on complaint for unlawful detention of lands or tenements, one dollar.

For issuing every attachment for contempt, twenty-five cents.

For taking acknowledgment of a deed or power of attorney, twentyfive cents.

For order for removing pauper from county, fifty cents.

For certifying description of a boat adrift or an estray, thirty-five cents.

For warrant of certificate of appraisement, twenty-five cents.

For taking and certifying depositions, twenty-five cents.

And for each one hundred words therein, ten cents.

For each process required by law, and not herein enumerated, twentyfive cents.

For every writing or record not herein provided for, every one hundred words, ten cents.

For every trial on default, twenty-five cents.

For every trial, where defense is made, one dollar.

For each additional day occupied in trial, after the first, one dollar.