judgment be docketed in the Probate Court, appealed or stayed, upon which he has an execution, on notice, to return the exccution, stating thereof such fact.

of receiving

of its execution.

SEC. 195. That it shall be the duty of every constable, on the Shall note time receipt of any writ or other process, (subpoenas excepted,) to writ and time note thereon the time of receiving the same; he shall also state in his return on the same the time and manner of executing it. SEC. 196. That no constable shall make a return on any pro- Shall not make cess of "not found" as to any defendant, unless he shall have found" on any been, once at least, at the usual place of residence of the fendant, if such defendant have any in the county.

return of "not

writ unless he ant's house.

de- goes to defend

ap

riots and com

SEC. 197. That it shall be the duty of every constable to Shall appelons. prehend, on view or warrant, and bring to justice all felons and &c., suppress disturbers and violators of the criminal laws of this Territory, mand peace. to suppress all riots, affrays and unlawful assemblies which may come to his knowledge, and generally to keep the peace in his proper county.

tend over coun

SEC. 198. That in serving all process, either civil or criminal, Authority exand in doing his duties generally, when not otherwise restricted ts. by law, the authority of a constable shall extend throughout the whole county in which he may be appointed; and in executing and serving process issued by a justice of the peace, he shall have and exercise the same authority and powers over goods and chattels, and the persons of parties, as is granted by law to a sheriff or coroner under like process issued from courts of record. SEC. 199. That when it shall become the duty of the constable Manner of committing prisonto take the body of any person to the jail of the county, he shall er to jail. deliver to the sheriff or the jailor a certified copy of the execution, commitment or other process whereby he holds such person in custody, and return the original to the justice who issued the same, which copy shall be sufficient authority to the sheriff or jailor to keep the prisoner in jail until discharged by due course of law.

money received

to whom.

SEC. 200. That constables shall pay over to the party entitled Shall pay all thereto, all money received by them in their official capacity, if officially by him demand be made by such party, his agent or attorney, at any time before he returns the writ upon which he has received it; if not paid over by that time, he shall pay the same to the justice when he returns the writ.

SEC. 201. That constables shall be liable to ten per cent. penalty upon the amount of damages for which judgment may be entered against them for failing to make return, making a false

Penalty for return, &c.

failing to make

Code of civil procedure ap

return or failing to pay over money by them collected or received in their official capacity; and such judgment must include, in addition to the damages and costs, the penalty herein provided.

SEO. 202. That the provisions of the act entitled "An act plicable to jus- to establish a Code of Civil Procedure," which are in their na

tices' courts, when.

Justice shall

keep a docket.

ed to be made therein.

ture applicable to the jurisdiction and proceedings before justices, and in respect to which no special provision is made by statute, are applicable to the proceedings before justices of the peace.

SEO. 203. That every justice of the peace must keep a book Entries requir denominated a docket which shall be furnished by the trustees of the proper township, [in] which must be entered by him the title of every action in which the writ is served, or when the parties voluntarily appear, the date of the writ, the time of its return, and if an order to arrest the defendant or attach property was made, such fact must be stated, together with the affidavit upon which such order was made; the filing of the bill of particulars of either party, and nature thereof, and when not of too great length, the same shall be entered at length on the docket; which of the parties, if either of them, appear at the trial; every adjournment, stating on whose application, whether on oath or consent, and to what time. When trial by jury is demanded, the demand must be stated, and by whom made, the names of the jurors selected and the time appointed for the trial, the names of the jurors who appear and of those sworn, the names of all witnesses sworn and at whose request, the exceptions to the ruling of the justice on questions of law taken by either party, the verdict of the jury, and when received. If the jury disagree and are discharged, that fact must be stated. The judgment of the justice, specifying the items of costs included, and the time when rendered, the issuing of execution and orders to sell when issued, and to whom the renewals thereof, if any [were] made, the return and when made, and a statement of any money paid to the justice and by whom, the giving of a transcript to be filed in the clerk's office, and when given; if appeal be taken, the undertaking and the time of entering into the same, and by which party taken; the undertaking for stay of execution and time of giving the same; the satisfaction of the judgment and the time of satisfying the same.

Same.

SEC. 204. That the several particulars in the last section specified must be entered under the title of the action to which they

index to docket

relate, and at the time when [they] occurred, except that bill of exceptions in regard to the ruling on questions of law or evidence need not be entered until after the judgment, unless required by the justice or one of the parties. Such entries in a justices' docket, or a transcript thereof, certified by the justice or his successor in office, shall be evidence to prove the facts stated therein. SEC. 205. That it [each] justice must keep an alphabetical Shall keep an index to his docket in which must be entered the names of the parties to each judgment, with reference to the page of the entry. The names of the plaintiffs must be entered in the index in the alphabetical order of the first letter of the family names. Пе shall number the cases progressively upon his docket, and shall correspondingly number the cases in each case, he shall keep the Shall keep all entire papers in each action together and in packages of a proper action together. and convenient size, and in the order in which the cases are numbered on his docket.

SEC. 206. That it is the duty of every justice, upon the expiration of his term of office, to deposit with his successor, his official docket as well as his own, as those of his predecessors, which may be in his custody, together with all files and papers, laws and statutes pertaining to his office, there to be kept as public records and property. If there be no successor elected and qualified, or if the office become vacant by death, removal from the township or otherwise before his successor is elected and qualified, the dockets and papers in the possession of such justice must be deposited with the nearest justice in the township, if any there be; and if there be none, then with the nearest in the county, there to be kept until a successor shall be chosen and qualified, then to be delivered over to such successor on request.

SEC. 207. That a justice receiving by succession or on deposit any such docket, papers and laws, shall, if requested, give a receipt therefor to the person from whom he receives the same.

SEC. 208. That the justice with whom the docket of another may be deposited, either during a vacancy or as the successor, is hereby authorized, while having such docket legally in his possession, to issue execution on any judgment there entered and unsatisfied, and not docketed in the Probate Court, in the same manner and with the same effect as the justice by whom the judgment was rendered might have done, to take bail in appeal or for stay of execution, to issue certified transcripts of judgments on such docket and proceed in all cases in like manner as if the same had been originally had or instituted before him.

papers in each

Every justice shall deposit the docket, pa

pers and files,

&c.. with his

successor.

The justice receiving them shall give receipt.

Have power to docket, and

proceed with

have same effect

as

if done by

predecessor.

When two or

more justices

SEC. 209. That when two or more justices are equally entitled are entitled to to be deemed the successor in office of a justice, the trustees of

be deemed the

successor in of the township shall designate which justice is to be deemed the

ed.

In case of sickness &c., of justice.

Papers made or issued by a justice must be filed.

Justice may de

pute a person

mons.

successor of the justice going out of office or whose office has become vacant, and shall enter a certificate in the last docket of the justice going out of office or whose office is vacant, of their determination, before the same is delivered to such successor.

SEC. 210. That in case of sickness or other disability or necessary absence of a justice at the time appointed for trial, another justice of the same township may, at his 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 proceeding before the attending justice, subscribed by him, must be made in the docket of the justice before whom the writ was returnable. If the case be adjourned, the justice before whom the summons was returnable must resume jurisdiction.

SEC. 211. That the summons, execution, and every other paper made or issued by a justice, must be filled up, without a blank to be filled by another, otherwise it is void.

SEC. 212. That a justice at the request of a party, and on to serve a sum- being satisfied that it is expedient, may 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 to attach property. Such deputation must be in writing on the process.

Authority of

person so deputed.

Acts punished as for contempt

Justice may issue warrant of

son so guilty.

SEO. 213. That the person so deputed has the authority of a constable in relation to the service, execution and return of such process, and is subject to the same obligations, but there can be no fee for his services taxed in the bill of costs.

SEC. 214. That a justice may punish, as for a contempt, persons guilty of the following acts, and no others: disorderly, contemptuous or insolent behavior toward the justice, tending to interrupt the due course of a trial or other judicial proceeding; wilful resistance in the presence of the justice, to the execution of a lawful order or process made or issued by him.

SEC. 215. That a warrant of arrest may be issued by such arrest for per- justice, on which the person so guilty may be arrested and brought before the justice, when an opportunity to be heard in his defence or excuse must be given. The justice may thereupon discharge him, or may convict him for the offence, and adjudge a punish

Penalty.

ment by fine or imprisonment, or both; such fine not to exceed twenty dollars, and such imprisonment ten days.

must be entered

Sec. 216. That the conviction, specifying particularly the Conviction, &c. offence and the judgment thereon, must be entered in his docket; on docket. a warrant of commitment to the jail of the county until the fine be paid, or for the term of imprisonment, may then be issued; such warrant must contain a transcript of the entry in the docket, and the same must be executed by any constable to whom it may be given, and by the jailor of the county.

of township re

quired to give

security before action is com

menced for

SEO. 217. That when a person, intending to bring an action Non-residents before a justice of the peace, is a non-resident of the township in which he intends to commence such action, the justice may, previous to his issuing process, require such person to give security costs, &c. for the costs of suit, which may be done by depositing a sum of money deemed by the justice to be sufficient to discharge the costs that may accrue in the action, or by giving an undertaking, with surety approved by the justice, payable to the adverse party, for the payment of all costs that may accrue in the action.

commencing an

action shall recounty may be surety for costs.

move out of the

required to give

SEC. 218. That if any plaintiff or plaintiffs, after commencing If plaintiff after an action before a justice in the township in which he or they reside. remove out of the county, the justice may require such plaintiff or plaintiffs to deposit a sum of money equal to the costs that have accrued, and that probably will accrue, or require in place thereof that such party give sufficient surety for all costs. which have accrued or which may accrue in the action, and in default to do either, shall enter a non-suit against the plaintiff or plaintiffs.

Actions found

ed upon any bond, sealed

bill, promissory instrument of

note or other

writing to file

justice.

Sec. 219. That in all actions instituted before a justice of the peace, founded upon any bond, scaled bill, promissory note, or other instrument of writing for the payment of a sum of money certain, upon which the whole amount of money therein promised thereon with is due, it shall be the duty of the plaintiff, his agent or attorney, to file said bond, sealed bill, promissory note, or other written Proceedings. evidence of indebtedness, upon which such suit is brought with such justice of the peace, and if upon the trial, judgment shall be entered thereon in favor of the plaintiff, such bond, sealed bill, promissory note, or instrument of writing, shall be retained by the justice so rendering judgment, who shall endorse thereon the sum for which he shall have entered judgment; Provided, the same shall in no wise exceed one hundred dollars, and shall subscribe his name thereto. And upon payment or tender of the amount of such payment, together with the costs accruing there