or upon adjournment, or within one hour thereafter. ThirdWhen it is objected at the trial, and appears by the evidence, that the action is brought in the wrong county, or township, or city; but if the objection be taken and overruled, it shall be cause only of reversal, on appeal, and shall not otherwise invalidate the judgment. If not taken at the trial, it shall be deemed waived, and shall not be cause of reversal.

SEC. 78. When the defendant fails to appear and answer at, judgment by or before, the expiration of one hour after the time fixed in the default. summons, or upon adjournment, judgment shall be given for the plaintiff, as follows: When a copy of the account, note, bill or other obligation upon which the action is brought, was filed with the Justice at the time the summons was issued, judgment shall be given without further evidence, for the sum specified in the summons.

not

SEC. 79. Upon issue joined, if a jury trial be not demanded, Jury trial the Justice shall hear the evidence and decide all questions of demanded. fact and of law, and render judgment accordingly.

how and

SEC. 80. Upon a verdict, the Justice shall immediately ren- Judgment, der judgment in conformity thereto. When the trial is by the when Justice, judgment shall be entered immediately after the close entered. of the trial, if the defendant has been arrested and is still in custody; in other cases it shall be entered within two days after the close of the trial. If the action be on a contract against two or more defendants, and the summons is served on one or more, but not on all, the judgment shall be entered up only against those who were served, or who have voluntarily appeared, if the contract be a several, or a joint and several contract; but if the contract be a joint contract only, the judgment shall be entered up against all defendants, but shall only be enforced against the joint property of all, and the individual property of the defendants served, or who have voluntarily appeared in the action.

amount

SEC. 81. When the amount found due to either party ex- When ceeds the sum for which the Justice is authorized to enter exceeds judgment, such party may remit the excess, and judgment may jurisdiction. be rendered for the residue; provided, that if the cause of ac- Proviso. tion, counter claim or set off, shows an excess, such excess shall have first been remitted, as provided in section fifty-six of this Act.

defendant

allow

sum.

SEC. 82. If the defendant, at any time before the trial, offer When in writing, to allow judgment to be taken against him for a offers to specified sum, the plaintiff may immediately have judgment augment therefor, with the costs then accrued; but if he do not accept for specified such offer before the trial, and fail to recover in the action a sum equal to the offer, he shall not recover costs, but costs shall be adjudged against him, and if he recover, deducted from his recovery. But the offer and failure to accept it shall not be given in evidence to affect the recovery, otherwise than as to costs as above provided.

when

SEC. 83. When a judgment is rendered in a certain case, Judgment when the defendant is subject to arrest and imprisonment defendant is thereon, it shall be so stated in the judgment, and entered in subject to the docket.

arrest.

Costs to be

judgment.

SEC. 84. When the prevailing party is entitled to costs by included in this Act, the Justice shall add their amount to the verdict; or in case of a failure of the plaintiff to recover, or in case of a dismissal of the action, shall enter up judgment in favor of the defendant for the amount of such costs.

Transcript of judgment.

Process on judgment,

SEC. 85. The Justice, on demand of the party in whose favor the judgment is rendered, shall give him a transcript thereof, which may be filed and docketed in the office of the Clerk of the county where the judgment was rendered. The time of the receipt of the transcript, by the County Clerk, shall be noted by him thereon and entered in the docket, and from that time executions may be issued by the County Clerk on such judgments, to the Sheriff of any other county of the State, in the same manner as upon judgments recovered in higher Courts. All process upon judgments recovered in Justices' Courts, to be how issued. executed within the same county, shall be issued by the Justice, or his successor in office. No judgment rendered by a Justice of the Peace shall create any lien upon any lands of the defendant, unless a transcript of such judgment, certified by the Justice, be filed and recorded in the office of the Recorder. When such transcript is to be filed in any other county than that in which the Justice resides, such transcript shall be accompanied with the certificate of the County Clerk as to the official character of the Justice. When so filed and recorded in the office of the Recorder of any county, such judgment shall constitute a lien upon, and bind the lands and tenements of the judgment debtor situated in the county where such transcript may be filed and recorded, in favor of such judgment creditor, as if such judgment had been rendered in the District Court of such county.

Lien.

Execution may issue.

Proviso.

Form of ⚫ execution.

EXECUTION.

SEC. 86. Execution for the enforcement of a judgment in a Justice's Court, may be issued on the application of the party entitled thereto, at any time within five years from the entry of the judgment; provided, that in no case shall execution issue until twenty-four hours after the entry of the judgment, unless the Justice shall be satisfied that the party against whom the judgment is rendered is about to depart, or remove property, from the vicinity, or otherwise delay or hinder the remedy of the party prevailing.

SEC. 87. The execution, when issued by a Justice, shall be directed to the Sheriff, or any Constable, of the county, and subscribed by the Justice by whom the judgment was rendered, or by his successor in office, and shall bear date the day of its delivery to the officer to be executed. It shall intelligibly refer to the judgment, by stating the names of the parties and the name of the Justice before whom, and of the county, and the township, precinct or city where, and the time when, it was rendered; the amount of judgment, if it be for money, and if less than the whole is due, the true amount due thereon. It shall contain, in like cases, similar directions to the Sheriff or

Constable as are required by the provisions of the civil practice Act, in an execution to the Sheriff.

executed.

Examination

SEC. 88. The Sheriff, or Constable, to whom the execution How is directed shall proceed to execute the same in the same manner as the Sheriff is required by the provisions of the civil practice Act, to proceed upon executions directed to him; and the Constable, when the execution is directed to him, shall be vested for that purpose with all the powers of the Sheriff; and after issuing an execution, and either before or after its return, (if the same be returned unsatisfied, either in whole or in part,) the judgment creditor shall be entitled to an order from the of debtor on Justice requiring the judgment debtor to attend forthwith and oath. answer concerning his property before such Justice, and the attendance of such debtor may be enforced by the Justice; on his attendance, such debtor may be examined, under oath, concerning his property, and any person alleged to have in his hands property, moneys, effects or credits of the judgment debtor may also be required to attend forthwith and be examined, and the Justice may order any property in the hands of the judgment debtor, or any other person, not exempt from execution, belonging to such debtor, to be applied towards the satisfaction of the judgment, and the Justice may enforce such order by imprisonment until complied with; but no judgment debtor, or other person, shall be required to attend before the Justice out of the county in which he resides.

SEC. 89. If an execution be issued, on the filing of a stipu- Stay of lation, staying all proceedings, the Justice shall, by order, direct proceedings. the officer to stay all proceedings on the same; such officer shall, on payment of his fees for services rendered on the execution, thereupon relinquish all property levied upon, and deliver the same to the judgment debtor, together with all moneys collected from sales or otherwise. If his fees be not paid, the officer may retain so much of the property, or proceeds thereof, as may be necessary to pay the same.

receive all

SEC. 90. Justices of the Peace shall receive from the Sheriffs Justice to or Constables of their county all moneys collected on any pro- money cess or order issued by their Courts respectively, and all collected. moneys paid to them in their official capacity, and shall pay the same over to the parties entitled or authorized to receive them, without delay. For a violation of this section they may Misdebe removed from their office, and shall be deemed guilty of a misdemeanor.

CHAPTER X.-GENERAL PROVISIONS.

meanor.

SEC. 91. Every Justice shall keep a book, denominated a Docket, how docket, in which he shall enter: First-The title of kept. every action or proceeding. Second-The general nature of the action or proceeding; and, if a sum of money be claimed, the amount of the demand. Third-The date of the summons and the time of its return; and, if an order to arrest the defendant be made, or a writ of attachment be issued, a statement of these facts. Fourth-The time when the parties, or either of them, appear, or their non-appearance, if default be

Same;

evidence.

made; a concise statement of the issues involved, as shown by the written or oral pleadings, and of all motions made during the trial, by either party, and his decisions thereon. FifthEvery adjournment, stating on whose application, whether on oath, evidence or consent, and to what time. Sixth-The demand for a trial by jury, when the same is made, and by whom made; the order for the jury, and the time appointed for the trial and return of the jury. Seventh-The names of all witnesses sworn, and at whose request. Eighth-The verdict of the jury, and when received. If the jury disagree and are discharged, the fact of such disagreement and discharge. Ninth-The judgment of the Court, specifying the costs included, and the time when rendered. Tenth-The issuing of the execution; when issued, and to whom; the renewals thereof, if any, and when made, and a statement of any money paid to the Justice, and when and by whom. Eleventh-The receipt of a notice of appeal, if any be given, and of the stipulation on appeal, if any be filed.

SEC. 92. The several particulars of the last section, specientries to be fied, shall be entered under the title of the action to which they relate, and at the time when they occur. Such entries in a Justice's docket, or a transcript thereof, certified by the Justice, or his successor in office, shall be presumptive evidence to prove the facts so stated therein.

Index to.

To be deposited with successor.

Any Justice may issue executions.

Who deemed successor.

SEC. 93. A Justice shall keep an alphabetical index to his docket, in which shall be entered the names of the parties to each judgment, with a reference to the page of entry. The names of the plaintiffs shall be entered in the index, in the alphabetical order of the first letter of the family names.

SEC. 94. It shall be the duty of every Justice of the Peace, upon the expiration of his term of office, to deposit with his successor his official dockets, as well his own as those of his predecessors which may be in his custody, to be kept as public records. If the office of a Justice become vacant by his death, or removal from the township or city, or otherwise, before his successor is elected and qualified, the dockets in possession of such Justice shall be deposited with the County Clerk of the county, to be by him delivered to the successor in office of the Justice.

SEC. 95. Any Justice, with whom the docket of his predecessor is deposited, may issue execution or other process upon a judgment there entered and unsatisfied, in the same manner and with the same effect as the Justice by whom the judgment was entered might have done. In case of the creation of a new county, or the change of the boundary between two counties, any Justice into whose hands the docket of a Justice formerly acting as such within the same territory may come, shall, for the purposes of this section, be considered the successor of said former Justice.

SEC. 96. The Justice elected to fill a vacancy shall be considered the successor of the Justice whose office became vacant before the expiration of a full term. When a full term expires, the same, or another person elected to take office in the same township, precinct or city, from that time shall be deemed the

successor.

SEC. 97. When two or more Justices are equally entitled, Same. under the last section, to be deemed the successors in office of a Justice, the District Judge shall, by a certificate subscribed by him, and filed in the office of the County Clerk, designate which Justice shall be deemed the successor of a Justice going out of office, or whose office has become vacant.

SEC. 98. The summons, execution and every other paper, made or issued by a Justice, except a subpoena, shall be filled up without a blank left to be filled by another, otherwise it shall be void.

Papers, how

Alled up.

Sickness of

SEC. 99. In case of sickness, other disability, or necessary Justice, etc. absence of a Justice, on a return of a summons, or at the time appointed for a trial, another Justice of the same township or city may, at his written request, attend in his behalf, and shall thereupon become vested with the power, for the time being, of the Justice before whom the summons was returnable. In that case, the proper entry of the proceedings before the at- Special tending Justice, subscribed by him, shall be made in the docket to serve of the Justice before whom the summons was returnable.

deputation

papers.

SEC. 100. A Justice may, at the request of a party, and on being satisfied that it is expedient, specially depute any discreet person, of suitable age, and not interested in the action, to serve a summons or execution, with or without an order to arrest the defendant, or with or without a writ of attachment. Authority of Said Justice shall be liable, on his official bond, for all official deputation. acts of the person so deputed. Such deputation shall be in writing on the process.

SEC. 101. The person so deputed shall have the authority of Constable, a Constable, in relation to the service, execution and return of such process, and shall be subject to the same obligations.

SEC. 102. A Constable, notwithstanding the expiration of his term of office, may proceed and complete the execution of all final process which he has begun to execute, in the same manner as if he still continued in office, and his sureties shall be liable to the same extent.

CONTEMPT.

when to complete execution of process.

SEC. 103. A Justice may punish, as for contempt, persons Contempt, guilty of the following acts, and no others: First-Disorderly, what acts to contemptuous, or insolent behavior toward the Justice while holding the Court, tending to interrupt the due course of a trial or other judicial proceeding. Second-A breach of the peace, boisterous conduct, or violent disturbance in the presence of the Justice, or in the immediate vicinity of the Court, held by him, tending to interrupt the due course of a trial or other judicial proceeding. Third-Disobedience or resistance to the execution of a lawful order, or process, made or issued by him. Fourth-Disobedience to a subpoena duly served, or refusing to be sworn, or answer, as a witness. Fifth-Rescuing any person or property, in the custody of an officer, by virtue of an order or process of the Court, held by him.

SEC. 104. When a contempt is committed in the immediate When and view and presence of the Justice, it may be punished summa- punished

how