tract, the plaintiff shall be entitled to a warrant, if he or some person in his behalf shall make and file with the justice an affidavit specifying the nature of the demand, and containing a statement that the defendant has good reason to believe, either,

1st. That the defendant has committed a trespass, or other wrong, to the damage of the plaintiff; or,

2d. That the defendant has incurred a penalty or forfeiture by the violation of some law of this State, which the person filing such affidavit has a right to prosecute in the name of the people of this State, or otherwise.

Affidavit to show facts

stances.

Sec. 21. In all cases on application for a warrant under the third subdivision of section nineteen, the person applying therefor, shall, by affi- and circumdavit, show the facts and circumstances within the knowledge of the person making such affidavit, constituting the grounds of the application, whereby the justice may the better judge of the necessity and propriety of issuing such warrant.

warrant.

Sec. 22. A warrant shall be directed to any constable of the county in contents of which the justice issuing the same resides, and shall command such constable to take the defendant, and bring him forthwith before such justice, to answer the plaintiff in a plea to be mentioned therein, and shall require him, after he shall have arrested the defendant, to notify the plaintiff or prosecutor of the arrest.

return of

tice is ab

Sec. 23. A warrant shall be served by arresting the defendant and service and bringing him forthwith before the justice issuing the same; but if such warrant. justice, on the return thereof, shall be absent or unable to hear or try when jus the cause, or if it shall appear by the affidavit of the defendant that sent. such justice is a material witness in his behalf on the trial of the cause, the constable shall take the defendant before some other justice of the same township or city, if there be one therein qualified to try the same, and if not, then before some justice of an adjoining township or city, who shall take cognizance of the cause, and proceed thereon as if the warrant had been issued by him.

tried within

Sec. 24. When the defendant shall be brought before the justice on when to be a warrant, the justice shall then, or within three days thereafter, unless three days. the parties agree to allow a longer time, or there be an adjournment, proceed to hear, try and determine the cause.

Sec. 25. In all cases of attachment, the plaintiff shall, before issuing

fled in cases

of attachment

Bond to be the attachment, file with the justice a bond to the defendant, in the penal sum of two hundred dollars, with sufficient sureties, to be approved by the justice in writing thereon, signed by him, conditioned to pay the defendant all damages and costs he may sustain by reason of the issuing of the attachment, if the plaintiff shall fail to recover judgment in such suit, and if the plaintiff's demand, shall exceed one hundred dollars, the penalty of such bond shall be double the amount of such demand.

Contents of

attachment.

Service of

attachment.

When defendant can

not be found.

Goods not

Sec. 26. Every attachment shall state the amount claimed by the plaintiff, and shall command any constable of the county in which the justice resides, to attach so much of the goods and chattels of the defendant (except such as are exempt by law from execution) as will be sufficient to satisfy such demand, and safely keep the same to satisfy any judgment that may be recovered by the plaintiff in such attachment, and to return the same at a time therein to be specified, not less than six nor more than twelve days from the date thereof.

Sec. 27. The constable serving such attachment, shall execute the same at least six days before the return thereof, by seizing so much of the goods and chattels of the defendant within his county as shall be sufficient to satisfy the demand and costs, and making an inventory thereof, and serving a copy of such attachment and inventory upon the defendant, if he can be found within the county.

Sec. 28. If the defendant cannot be found within the county, the constable shall leave a copy of the attachment and inventory certified by him, at the last place of residence of the defendant, if there be any such place within the county, and if not, then by leaving the same with any person in whose possession such goods and chattels, moneys and effects, may be found.

Sec. 29. No goods or chattels attached shall be removed by the conved if bond stable, if a bond be executed and delivered to him by any person, with

to be remo

given.

sufficient surety to be approved by such constable, in a penalty at least double the sum stated in the attachment to have been sworn to, conditioned that such goods and chattels shall be produced to satisfy any execution that may be issued on any judgment that shall be recovered by the plaintiff upon such attachment; and thereupon the offi

cer shall deliver the property attached to the person executing such

bond.

goods may

Sec. 30. If any person other than the defendant shall claim any Claimant of goods or chattels attached by a constable, he may, after such seizure, give bond. and at any time before execution shall have been issued upon the judgment obtained on such attachment, execute a bond to the plaintiff with sufficient sureties to be approved by the constable or by the justice who issued the attachment, in a penalty double the value of the property attached, conditioned that in a suit to be brought on such bond, within three months from the date thereof, such claimant will establish that he was the owner of the goods seized at the time of the seizure, and in case of his failure to do so, that he will pay such plaintiff the value of the property so attached, with interest.

him

Sec. 31. Upon either of the bonds aforesaid being executed and delivered to the constable, he shall deliver the property seized by to the obligor in such bond.

up

Property to be delivered up when boud is given.

Sec. 32. If the attachment be returned personally served upon any when atof the defendants, the justice shall proceed therein in the same manner as upon a summons returned personally served.

tachment is personally served how to proceed.

tachment

ally served

continued.

Sec. 33. If the attachment shall not be personally served upon any when atof the defendants, and none of the defendants shall appear on the re- not personturn day thereof, the justice shall continue the cause for not less than cause to be thirty, and not exceeding ninety days; and in such case, no hearing shall be had or judgment rendered thereon, until the expiration of that time, unless the defendant shall sooner appear and request a trial; in which case the justice shall appoint a day for the trial of such suit, and cause notice thereof to be given to the plaintiff.

tachments

Sec. 34. When there are several attachments against the same de- several atfendant in the hands of the same officer, they shall be executed in the against same same order in which they were received by the officer.

defendant.

tachments

perty.

Sec. 35. Different attachments of the same property may be made, Different atand one inventory shall be sufficient; the lien of the attachment shall of same probe in the order in which they were served, and the subsequent attachments shall be served on the property as in the hands of the officer, and subject to the prior attachment; the justice who issued the attachment having the priority of lien, shall determine all questions as to priority of liens on the property attached.

No court to be held in bar-room.

money not exceeding one hundred and fifty dollars, or for the payment of several sums of money by instalments, the aggregate of which instalments shall not exceed one hundred and fifty dollars, an action of covenant may be maintained on such condition in a justice's court; and a recovery of either of such instalments shall not bar a subsequent suit for either instalments which shall become due after the commencement of the former suit.

Sec. 8. No justice of the peace shall hold any court in any barroom or grocery, or any other place where any intoxicating liquors shall be sold.

Jurisdiction Sec. 9. No justice shall take cognizance of any cause or do any

withheld on

account of judicial act when he shall be related within the fourth degree of affin

relationship. ity or consanguinity to either party in any such matter, or shall have

Suits, how instituted.

Justice may require se

costs.

been of counsel, or shall be directly or indirectly interested in such cause or matter, unless the parties interested in such cause, or their agents or attorneys, shall, with full knowledge of such disability, expressly consent that such justice may take cognizance of such cause or do such act.

Sec. 10. Suits may be instituted before a justice, either by the voluntary appearance of the parties or by process; and when by process, it shall be either a summons, a warrant, an attachment, or writ of replevin; but no process shall contain the names of the defendants in more than one action.

Sec. 11. Any justice of the peace may, either before or after the curity for issuing of the process, in his discretion, require surety of the plaintif for any costs which may be adjudged against him in any action; and the person becoming such surety shall sign an undertaking in writing to that effect, which the justice shall preserve; and in all cases, plaintifs who are not residents of the county in which the suit is to be brought, shall give such surety before process shall issue; and if any plaintiff, after commencing an action in the county in which he resides, shall remove out of such county, the justice may require such plaintiff to give such security for all costs which have accrued and may accrue in the action.

When sult considered

Sec. 12. Suits shall be considered as commenced at the times fol commenced. lowing:

1st. Upon process by warrant, at the time of the arrest of the defendant;

2d. Upon process by attachment, writ of replevin or summons, on the day when process shall be delivered to the constable; but if two or more suits be commenced by summons or attachment, on the same day, the suit in which the process was first served shall be deemed to have been first commenced;

3d. When the suit is instituted without process, at the time when the parties shall appear before the justice and join issue.

Sec. 13. The first process except as hereinafter directed, shall be a summons directed to any constable of the county in which the justice resides, commanding him to summons the defendant to appear before the justice who issued the same, at a time and place to be named in such summons, not less than six nor more than twelve days from the date of the same, except as hereinafter provided, to answer the plaintiff in a plea in the same summons to be mentioned.

Sec. 14. A summons shall in all cases, except as hereinafter otherwise provided, be served at least six days before the time of appearance mentioned therein; and if the defendant be found, it shall be served by reading the same to such defendant, and (if required by him) 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.

Summons.

Service of

summons.

New summons & at

certain ca

Sec. 15. If it appear by the return of the constable that the summons was not personally served, and the defendant shall not appear on tachment in the return day thereof, the plaintiff may thereupon take out a new ses. summons against the defendant, in continuation of his suit, returnable not less than three nor more than twelve days from the date thereof, which shall be served at least two days before the time of appearance mentioned therein; and if such summons be returned that the defendant cannot be found after diligent inquiry, the plaintiff may, in further continuance of his suit, have an attachment against the defendant, in actions upon contract, on filing an affidavit as to the amount claimed to be due, and executing a bond as in other cases.

Short sum

Sec. 16. If the plaintiff shall be a non-resident of the county, a summons may be made returnable not less than two nor more than four mons.