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Duties of

How filled.

of record,

and seals,

electors of each county shall elect a county judge and a second judge at the general election to be held for the year eighteen hundred and fifty, and once in every four years thereafter, who shall hold their offices four years from the first day of January thereafter, and until their successors are elected and qualified 10 serve in their places. The county judges and second judges now elected in the several counties shall hold their offices for the full term for which they were clected.

Sec. 2. It shall be the duty of the second judge to perform the duties of the county judge when such judge is interested, or when 2nd Judge. from absence or other disability he is unahle to serve: Provided, Vacancies, That when the office of county judge or second judge becomes vacant from any ciuse, such vacancy shall be filled at the first general election thereafior.

Sec. 3. The county courts shall be courts of record, and each one shall have a clerk and seal. They shall have and exercise Concours original and exclusive jurisdiction in all matters at law, civil and with clerks criminal, excepting proceedings in probate cases, actions of ejectment, and cases civil and criminal which are by law made cognizable before justices of the peace, and except also as hereinafter provided. They shall have jurisdiction of proceedings for the foreclo

Their juris. sure of mortgages, and appellate jurisdiction of all cases of appeal from courts of justices of the peace in civil proceedings.

Sec. 4. In any civil action where the plaintiff's demand exceeds the sum of five hundred dollars, the plaintiff may at his election tion may be

brought in commence such action in the circuit court of the proper county.

Sec. 5. Each judge of a county court before he enters upon the duties of his office, shall take and subscribe the oath prescribed by tice of judthe constitution of this state, which may be administered by the county clerk or any justice of the peace of the county, and shall be filed in the office of the county clerk.

Sec. 6. The county clerk shall be clerk of the county court, and shall have the custody and care of all the books and papers ing to the court, shall be present at all triais, may swear all witness

court-his es or jurors on the trial of a cause, shall keep minutes of the audients and proceedings and judgments of the court in any cause, under the direction of the judge, shall issue all process under his hand, and the seal of the couri, except when otherwise provided for by law, and


When ac.

circuit c'is.

Oath of of


to be clerk

of county

cess, &c.

General terms.

costs may

shall tax all costs from minutes thereof kept by him, (including witness' fees,) under the direction of the judge: Provided, That in case of his inability to discharge his duties by reason of sickness or absence, his deputy may perform the same or the court employ some person in his place.

Sec. 7. The county courls shall have full power and authority to Issue of pro

issue any legal process proper and necessary to carry into effect such jurisdiction given them by law, and to carry out such juris. diction, shall have and exercise all powers usually possessed by courts of record under the common law, under the limitations and restrictions imposed by statute.

Sec. 8. A general term of each county court shall be held in each of the counties of this state on the first Tuesday of every month, for the transaction of business, the hearing of actions or proceedings pending therein, and may continue as long as the court may deem necessary. The court shall be opened at ten o'clock in the forenoon of the first day of the ierm.

Sec. 9. The county judge may in all actions, either before or afSecurity for

ter the issuing of process, at his discretion, require of the plaintiff be required,

satisfactory security for costs, and the person giving such security,
shall sign a memorandum thereof, in writing to that effect, which
shall be filed wiih the clerk, and in all cases, plaintiffs not residing
in the county shall give security before process shall issue.

Of the commencement of Suits.
Sec, 10. Suits


be instituted in a county court either by vol. untary appearance of the parties, by declaration or by process; and when by process it shall be either a warrant, an attachment or a writ of replevin.

Sec. 11. Suits shall be considered as commenced at the times considered following:

First. Upon process by warrant, at the time of the arrest of the defendant.

Second. Upon process by attachment or replevin, on the day when process

shall be delivered to the sheriff. Third. By declaration, on the day when the summons issued thereon shall be delivered to the sheriff. But if two or more suits be commenced by declaration or attachment, the suit in which the


When suits

as commenced.

attachment or summons was first served shall be deemed to have been firsi commenced. But it shall be the duty of the sheriff (or other person serving the same) to serve the process first which first came into his hands.

Fourth. When a suit is instituted without process or declaration, at the time when the parties shall appear before the county court and cause the same to be entered.

Service of

Of the issuing and return of Summons. Sec. 12. On making and filing declaration as commencement of Proceedings suit, a summons shall be issued by the county clerk, directed to the confiling de: sheriff of the county in which it shall be issued, commanding him montoris

. to summon the defendant to appear before the court, which issued the same, on the first day of the term next ensuing the time of issuing the same, at the hour of ten o'clock in the forenoon of said day, to answer the plaintiff in the action, which summons shall contain a statement of the amount for which the plaintiff will take judgment if the defendant fail to answer the declaration.

Sec. 13. The summons shall in all cases be served at least six days before the time of appearance mentioned therein, and if the surrons in defendant be found it shall be served by reading the same to such defendant, or (if required by him) by delivering a copy thereof; but if the defendant shall not be found, it shall be served by leaving a copy thereof at the defendant's last place of abode, in The presence of some one of the family of suitable age and discretion, who shall be informed of its contents. Sec. 14. On the return of such summons personally served,

Proceedings if the defendant do not appear in person or by attorney, within one hour after the time mentioned therein for his appearance, the mons. court shall at the request of the plaintiff, proceed with the cause ex-parte; but no judgment shall in such case be rendered for an amount greater than the sum mentioned in the summons, with interest thereon, in cases where, by law, it should be allowed.

Attachments. Sec. 15. Any creditor may proceed by attachment in the county court against the property of his debtor, in the cases, upon the con- meble. ditions and in the manner provided in title twenty-four of the re

on return of such sum


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vised statutes of eighteen hundred and forty-six, for proceedings against debtors in attachment in the circuit court, subject only to the limitation of the jurisdiction of said county court; and such attachments in county courts shall be issued and proceeded in, in all re. spects in conformity with the provisions regulating proceedings against debtors in attachment in the circuit court, so far as the same can be made to apply and are consistent with the practice of said county courts as herein established: Provided, That if it appear from the return of such writ, ihat any property has been aitached thereon, and that the defendant could not be found, the court shall continue the cause until the third general term next thereafter: And prorided further, That she sheriff or other oflicer shall not go out of his county to summon the defendant.

Warranis, In what ca

Sec. 16. The plaintiff shall be entitled to a warrant upon filing ses warrants with the county clerk an affidavit made by such plaintiff or some

one stating in his behalf facts and circumstances showing,

First. That the defendant fraudulently contracted the debi, or incurred the obligation respecting which suit is brought; or

Second. That the plaintiff's demand is for the recovery of money collected by a public officer or an attorney, solicitor or counsellor in the course of his employment as such, or by any person in a fiduciary capacity, or for the recovery of damages on a promise to mar. ry, or for any misconduct or negleet in ofhce or in a professional employment; or

Third. That the defendant has committed a trespass, or other wrong to the damage of the plaintiff, or

Fourth. That the defendant has incurred a penalty by some law of this state for which the plaintiff has a right 10 commence a suit.

Sec. 17. Such warrant shall command the sheriff or other officer warrant &c. serving the saine to take the body of the defendant and bring him

into court on the first day of the next ensuing term to answer the plaintiff in an action to be mentioned therein.

Sec. 18. Every defendant arrested upon a warrant shall be epti

iled to be discharged from such arrest upon executing to the officer discharged making the same, with the addition of his name of office,a bond in a

esiving penalty equal to double the amount of the plaintiff's demand, which

Porin of


ment to be

from arrest

bond, &c.


shall be mentioned in his affidavit, with two sufficient sureties to be
approved by such officer, conditioned that such defendant will appear
in the action commenced by such warrant before the court at the
time therein named, and that the defendant will pay the judgment
rendered against him in such suit, or will surrender himself in exe-
cution, or that in default thereof, such sureties will pay such udg.
ment for him.
Sec. 19. When the defendant shall be brought into court on any

Proceedings such warrant, or shall appear in accordance with the conditions of on return of the bail bond, which he may have executed to the sheriff, as in the processpreceding section provided, the court shall sorthwith or within three ance, &c. days thereafter, proceed to hear, try and determine the cause, unless such cause be continued on cause shown as in other cases. If such continuance be made on the application of the plaintiff, or by consent of the parties, the defendant shall be discharged from custody, but the cause shall boi be discontinued thereby, but shall be proceeded in at the day to which the same was continued as in other cuses; if such continuance be had on the application of the defendant he shall give bond to the plaintiff satisfactory to the court, conditioned to appear on the day to which the same was continued and pay any judgment that may be recovered against him in the cause, or render himself in execution on any such judgment, and in default of giving such bond, he shall remain during the time of continuance in the custody of the officer serving the warrant. Sec. 20. If the defendant shall not appear in court acrording to

When pl'tiff the couditions of the bond mentioned in section eighteen, the plaintiff may take an assignment thereof, from the officer to whom the

pearance. bond was given and may sue thereon in his own name; but he shall not recover judgment for more than is justly due him from the defendant, together with the costs and charges of the prosecution.

Replevin. Sec. 21. The plaintiff, in an action to recover the possession of personal property, may at the time of commencing the action, claim the immediate delivery of such property as herein provided.

Sec. 22. Where a delivery is claimed, an affidavit must be made by the plaintiff, or some one in his behalf showing:

replevin, First. That the plaintiff is the owner of the property claimed, tain, &c. (describing it) or is lawfully entitled to the possession thereof.

entitled to assignm't of defendant's bond for ap

Affidavit for

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