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 to 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.

Duties of

how filled.

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 unable to serve: Provided, Vacancies, That when the office of county judge or second judge becomes vacant from any cause, such vacancy shall be filled at the first general election thereafter.

to be courts of record,

with clerks

and seals.

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

When ac

brought in circuit c'ts.

Oath of of

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 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 fice 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.

ges.

be 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 belong. Countyckk ing to the court, shall be present at all trials, may swear all witness- of court-his es or jurors on the trial of a cause, shall keep minutes of the powers 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 court, except when otherwise provided for by law, and

duties.

Issue of process, &c.

General terms.

Security for costs may be required, &c.

When suits

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 courts shall have full power and authority to issue any legal process proper and necessary to carry into effect such jurisdiction given them by law, and to carry out such jurisdietion, 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 term.

Sec. 9. The county judge may in all actions, either before or af ter the issuing of process, at his discretion, require of the plaintiff satisfactory security for costs, and the person giving such security, shall sign a memorandum thereof, in writing to that effect, which shall be filed with 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 may be instituted in a county court either by voluntary 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:

as.commenced.

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.

Thard. 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

attachment or summons was first served shall be deemed to have been first 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.

Of the issuing and return of Summons.

Proceedings on filing declaration as commence

Sec. 12. On making and filing declaration as commencement of suit, a summons shall be issued by the county clerk, directed to the sheriff of the county in which it shall be issued, commanding him m'nt of suit. 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 decla

ration.

Service of

such cases.

Sec. 13. The summons shall in all cases be served at least six days before the time of appearance mentioned therein, and if the summons 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.

such summons.

Sec. 14. On the return of such summons personally served, Proceedings if the defendant do not appear in person or by attorney, within one on return of hour after the time mentioned therein for his appearance, the 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.

Attach

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

In what ca

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 respects 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, that any property has been attached thereon, and that the defendant could not be found, the court shall continue the cause until the third general term next thereafter: And provided further, That the sheriff or other officer shall not go out of his county to summon the defendant.

Warrants.

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

may issue.

Form of

one stating in his behalf facts and circumstances showing,

First. That the defendant fraudulently contracted the debt, 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 marry, or for any misconduct or negleet in office 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 to commence a suit.

Sec. 17. Such warrant shall command the sheriff or other officer warrant &c. serving the same 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.

Defendant

in attach

Sec. 18. Every defendant arrested upon a warrant shall be entitled 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 ving penalty equal to double the amount of the plaintiff's demand, which

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 execution, or that in default thereof, such sureties will pay such judg ment for him.

Proceedings

attachment

continu

Sec. 19. When the defendant shall be brought into court on any 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 forthwith 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 not be discontinued thereby, but shall be proceeded in at the day to which the same was continued as in other cases; 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 according to the conditions of the bond mentioned in section eighteen, the plaintiff may take an assignment thereof, from the officer to whom the 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:

When pl'tiff

entitled to assignm't of defendant's bond for appearance.

Affidavit for replevin, what to con

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