enter judgment on such confession against the debtor, for any sum not exceeding three hundred dollars. (3656.) SEC. 4. Each of said Courts is hereby vested with General powers. all such powers, for the purpose of exercising jurisdiction conferred by this chapter, as are usual in Courts of Record, except the power of setting aside a verdict and arresting judgment thereon. be commenced. (3657.) SEC. 5. Every action commenced in such Courts Where actions to shall be brought before some Justice of the Peace of the city or township, where : 1. The plaintiffs or any of them reside; or: 2. Where the defendants or any of them reside; or: 3. Before some Justice of another township or city, in the same county next adjoining the residence of the plaintiff or defendant, or one of the plaintiffs or defendants. 7 Wend., 452 may be brought ing defendant. are non-resident. (3658.) SEC. 6. But if a defendant shall have absconded from where action his residence, such action may be brought before any Justice against abscondof the township or city in which such defendant or his property may be; and if the plaintiffs be all non-residents of the Where partics county, or if the defendant be a non-resident of the county, then such action may be brought before any Justice of the 10 Wend., 358. township or city where such plaintiffs or defendants, or either of them, may be. with instalments. (3659.) SEC. 7. When there shall be a bond with a penalty Action on Bond exceeding one hundred and fifty dollars, with condition for the 10 Wend., 525. payment of a sum of 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. held in bar-room.. (3660.) SEC. 8. No Justice of the Peace shall hold any Court No Court to be in any bar-room or grocery, or any other place where any 1 Mich. Rep., intoxicating liquors shall be sold. 116. withheld on ac ship. (3661.) SEC. 9. No Justice shall take cognizance of any Jurisdiction cause, or do any judicial act when he shall be related within count of relationthe fourth degree of affinity or consanguinity to either party Hill, 654. in any such matter, or shall have 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 Suits, how instituted. Justice may require security for costs. consent that such Justice may take cognizance of such cause or do such act. (3662.) 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. (3663.) SEC. 11. Any Justice of the Peace may, either before or after the issuing of the process, in his discretion, require surety of the plaintiff 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, plaintiffs who are 1 Doug. Mich., not residents of the county in which the suit is to be brought, 12 m., Rep., 154. 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. 56. 13 do., ? Wend., 362. 344. Service of summons. (3664.) SEC. 12. Suits shall be considered as commenced at the times following: 1. Upon process by warrant, at the time of the arrest of the defendant; 2. 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; 3. When the suit is instituted without process, at the time when the parties shall appear before the Justice and join issue. (3665.) 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. (3666.) 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 16 Ill. Rep., 299. such defendant, and (if required by him) delivering a copy 3 Mich. Rep., 71 thereof; but if the defendant shall not be found, it shall be 6 McLean, 14. 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. su in mons and attachment (3667.) SEc. 15. If it appear by the return of the constable New that the summons was not personally served, and the defendant in certain cases. shall not appear on the return day thereof, the plaintiff may thereupon take out a new 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. (3668.) SEC. 16. If the plaintiff shall be a non-resident of the Short summons. county, a summons may be made returnable not less than two nor more than four days from the date thereof, and shall be served at least two days before the time of appearance mentioned therein. 4 Comstock, 375. (3669.) SEC. 17. If the defendant shall be a non-resident of Ibid. the county, a summons shall be made returnable and be served, 2 Denio, 95.' as prescribed by the preceding section. be commenced (3670.) SEC. 18. Any plaintiff shall be entitled to an attach- When suit may ment against a defendant in any action founded on a judgment by attachment. or on a contract, express or implied, if such plaintiff, or some person in his behalf, shall make and file with the Justice an affidavit, specifying, as near as may be, the amount due to the plaintiff, and containing a further statement, either that the defendant knows, or has good reason to believe, either: 1. That the defendant has assigned, disposed of, or concealed, or is about to assign, dispose of, or conceal, any of his property, with the intent to defraud his creditors; or: 2. That he is about to remove any of his property from the county in which such application is made, or from the county where the defendant resides, with the like intent; or: 3. That he fradulently contracted the debt, or incurred the obligation, respecting which the suit was brought; or: 4. That the defendant has absconded to the injury of his creditors, or does not reside in this State, and has not resided When plaintiff entitled to Warrant. 3 Denio, 60. See Const., Art. 6, Sec. 33. Ibid. Affidavit to show facts and circumstances. 21 Wendell, 672. therein for one month immediately preceding the time of making the application. (3671.) SEC. 19. The plaintiff in actions arising out of, or founded upon contract, shall be entitled to a warrant, upon filing with the Justice an affidavit made by the plaintiff, or some one in his behalf, that the plaintiff has good reason to believe: 1. That plaintiff has a demand against the defendant for money collected by him as a public officer; or: 2. That the plaintiff has a demand against the defendant for damages arising from the misconduct or neglect of the defendant in any professional employment or public office; or: 3. That there was fraud or breach of trust; or that defendant does not reside in this State, and has not, for one month. immediately preceding the time of making the application. (3672.) SEC. 20. In actions other than those founded on judgment or contract, 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: 1. That the defendant has committed a trespass, or other wrong, to the damage of the plaintiff; or: 2. 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. (3673.) SEC. 21. In all cases on application for a warrant under the third subdivision of section nineteen, the person 14 do. 237. applying therefor shall, by affidavit, 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. (3674.) SEC. 22. A warrant shall be directed to any constable of the county in 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. (3675.) Sec. 23. A warrant shall be served by arresting the defendant, and bringing him forthwith before the Justice issuing the same; but if such Justice, on the return thereof, When Justice is shall be absent or unable to hear or try the cause, or if it shall appear by the affidavit of the defendant that 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. within three (3676.) SEC. 24. When the defendant shall be brought before When to be tried the Justice on a warrant, the Justice shall then, or within three days. days thereafter, unless the parties agree to allow a longer time, or there be an adjournment, proceed to hear, try and determine the cause. 1 Denio, 184. (3677.) SEC. 25. In all cases of attachment, the plaintiff shall, Bond to be filed before issuing the attachment, file with the Justice a bond to tachment. the defendant, in the penal sum of two hundred dollars, with 21 Wendell, 270, 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. tachment. (3678.) SEC. 26. Every attachment shall state the amount Contents of atclaimed 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. tachment. (3679.) SEC. 27. The constable serving such attachment, service of at shall execute the same at least six days before the return 12 Mass., 495. 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. fendant cannot (3680.) SEC. 28. If the defendant cannot be found within the Service when decounty, the constable shall leave a copy of the attachment and be found. |