SECTION

3675. Service and return of Warrant; When Justice is absent.

3676. When to be tried within three days. 3677. Bond to be filed in cases of Attachment. 3678. Contents of Attachment.

3679. Service of Attachment.

3680. Service when Defendant cannot be found. 2681. Goods not to be removed if Bond given. 3682. Claimant of goods may give Bond.

36S3. Property to be given up when Bond is given.

3684. When Attachment is personally served, how to proceed.

3685. When Attachment not personally served, cause to be continued.

3686. Several Attachments against same Defendant.

3687. Different Attachments of same property. 3688. Animals or perishable property Attached. 3689. When Plaintiff to have Judgment.

3690. If no property be attached, not to affect Garnishee.

3691. If Defendant appear before Judgment and give Bond, property to be discharged. 3692. Return of Process, how made.

3693. Inventory.

3694. Proceedings against Garnishee in attachment suit.

3695. Jurisdiction in Replevin; Replevin Bond; Writ of Replevin to issue.

3696. Writ of Replevin, when returnable. 3697. Execution in Replevin, when returnable. 3698. Damages and value of property, how ascertained; No exceptions to Sureties. 3699. Certain Chapter to apply to proceedings in Replevin.

3700. Actions against Corporations.

3701. First process against Corporation, how served.

3702. On Judgment against Corporation, no stay of Execution, except, etc.

OF THE APPEARANCE OF PARTIES.

3703. Infant Plaintiffs.

3704. Next friend.

3705. Infant Defendant.

3706. Guardian for.

3707. Consent to be filed with Justice.

3708. Constable not to advocate.

3709. Authority of Attorney how proved. 3710. Initial letters, or contraction of christian

name.

3711. When suits may be commenced in Partnership name.

3712. If name of Defendant is not known, how described.

OF PLEADINGS AND SET-OFFS.

3713. When pleadings to be made and issue joined.

3714. Pleadings, how made; Demurrer; Gene

ral issue and notice; Abatement; Execution of written instrument, how denied. 3715. Actions on Accounts.

SECTION

3716. Failure of consideration.

3717. Judgment of Court of Special Jurisdiction. 3718. Condition precedent.

3719. Bill of particulars.

3720. Bill may be amended.

3721. Costs may be required on amendment of Bill.

3722. When Plaintiff may dismiss as to some of Defendants and proceed against others. 3723. When set-off allowed. 3724. Notice of set-off.

3725. Judgment in cases of set-off. 3726. Judgment in case balance of set-off is more than three hundred dollars. 3727. Set-off in suits by Administrators, etc. 3728. Defendant neglecting to set-off deman', precluded from recovering costs. 3729. Notice that Title will come in question. 3730. Plea and notice to be in writing. 3731. Bond to be given by Defendant. 3732. If Bond be given, cause to be certified to Circuit Court.

3733. If Bond not delivered, Justice to proceed,

etc.

3734. When Justice shall certify the cause to Circuit Court.

3735. When suit removed, pleadings to be the

same.

3736. Costs in Circuit Court. 3737. When declaration contains several counts, and title to Lands in question as to part.

OF ADJOURNMENTS.

3738. Adjournments, how obtained, etc.; Subsequent adjournment.

3739. When party not entitled to adjournment unless he exhibit his account, etc.

3740. Defendant on Warrant obtaining adjournment, may give Bond and be discharged. 3741. If cause adjourned by consent, etc., Defendant to be discharged.

3742. When Justice may adjourn the Court without consent of parties.

OF COMPELLING THE ATTENDANCE OF WITNESSKS.

3743. Justice may issue Subpoenas.

3744. Subpoena, by whom and how served. 3745. When Attachment may issue for Wit

nesses.

3746. Fees for serving Attachment against Witnesses, by whom paid.

3747. Penalty for refusing to appear or to testify. 3748. How âne imposed.

3749. When Execution to issue to collect fine, and how executed.

3750. Money collected, to be returned and paid over to County Treasurer. 3751, 3752. Witness neglecting to appear, or refusing to testify, liable for damages.

OF THE TRIAL OF ISSUES OF FACT, AND THE INCIDENTS THERETO.

3753. Issues, when and how to be tried by Justice.

SECTION

3754. Trial when Defendant fails to appear. 3755. When party may demand a Jury. 3756. If no demand be made, Jury deemed to be waived.

3757. List of names to be made.

3758. Person making list to be sworn.

3759. Names to be struck from list, and Jury Summoned.

3760. Parties may agree on Jury.

3761. When Talesmen to be Summoned.

3762. Oath to Jurors.

3763. Ex parte affidavit not received without consent.

3764. Jury to hear proofs.

3765. How parties may be made Witnesses, and Judgment in case they refuse.

3766. Unnecessary Witnesses by whom paid. 3767. Execution of instrument need not be proved unless denied on oath.

3768. Party may be Witness to prove death, etc., of Witness, or loss of instrument. 3769. Failure of consideration, jetc., when may be given in evidence.

3770. Objections to competency of Witnesses, how tried.

3771. Oath of Witness.

3772. Jury to be kept together till they agree,

etc.; Oath of officer attending Jury. 3773. How verdict to be delivered. 3774. When Jury cannot agree, new Jury to be summoned.

3775. Penalty on Juror for not appearing, or refusing to serve.

3776. When Justice a material Witness, suit to be transferred.

OF JUDGMENTS, AND FILING TRANSCRIPTS THEREOF. 3777. Judgment of non-suit, when to be rendered.

3778. When Judgment for Defendant to be rendered.

3779. Costs on rendition of Judgment. 3780. When Plaintiff not to recover costs. 3781. Proceedings in case of process against two or more, and service on either.

3782. Effect of Judgment in such case. 3783. Judgment upon Attachment not personally served, presumptive evidence only. 3784. When Judgment to be rendered and entered in docket.

3785. When party may remit excess, and take Judgment for residue.

3786. When Justice to give transcript of Judgment, etc., on demand.

3787. Clerk to file transcript, and docket Judg. ment, on affidavit being made.

3788. Effect of Judgment so docketed, and execution thereon.

OF EXECUTIONS AND PROCEEDINGS THEREON. 3789. Issue and return of Execution. 3790. Contents of Execution, and how directed. 3791. When Execution to command Constable to take the body.

SECTION

3792. When to issue against principal and surety for stay of Execution.

3793. When Execution may issue against secu

rity alone.

3794. If Defendant die after levy and before sale; Where some of several Defendants die.

3795. If Defendant die before Execution.

3796. If Defendant die after Execution. 3797. In what cases Execution may issue against the body.

3798. When Execution to issue forthwith. 3799. When to issue after five days.

3800. When Execution to issue on oath of party 3801. When application for such Execution may be made.

3802. How Execution may be stayed; Duration of stay.

3803. Cases in which no stay of Execution is allowed.

3804. How Execution may be stayed; Form of stay; Effect of stay.

3805. Execution on Judgment against principal

and surety on contract, not to be stayed if surety object, unless, etc. 3806. When Execution shall be recalled, and proceedings thereon.

3807. If security for stay remove out of County, Execution may issue on proof, etc.

3808. When Execution may issue on application of security for stay.

3809. In such cases, Execution may be recalled on giving further security. 3810. Rights of a surety for stay who has satisfied Judgment.

3811. When additional security may be requir ed; If not given Execution to issue; If given in five days, Execution to be recalled.

3812. Execution on Judgment against joint debtors, when process not served on all. 3813. How such Execution to be served. 3814. When further Execution may issue, or old one be renewed.

3815. Execution may issue within two years. 3816. Execution when any of Defendants are sureties.

3817. Property of principal debtor to be first exhausted.

3818. Endorsement of levy, and notice of sale. 3819. Notice to describe goods, etc. 3820. Sale of goods on Execution. 3821. Return of Execution.

3822. When not sufficient time to advertise and sell.

3823. When live stock taken, allowance for keeping.

3824. Constable not to purchase at sale.

3825. When Constable to take body of Defen

dant.

3826. No female to be arrested on Execution. 3827. If Constable neglect to return Execution,

etc., action may be maintained against him and his sureties; No stay allowed.

SECTION

3828. Not to levy or sell, etc., after return day. 3829. Proceedings where levy is made, but not sufficient time to sell.

3830. Constable may proceed on Execution after expiration of his term.

3831. Where Constable shall die, etc., other Constable may proceed.

3832. When transcript filed and docketed, Execution to issue out of Circuit Court.

3833. Contents of Execution from Circuit Court. 3834. Executions between same parties may be set off, and how.

OF APPEALS.

3835. Cases in which an Appeal is allowed.
3836. Affidavit of party Appealing.
3837. Recognizance or Bond on Appeal.
3838. Surety to justify.

3839. When justification not necessary; Justice to certify.

3840. Costs to be paid.

3741. When term of Justice shall expire, etc. 3842. When Circuit Court may authorize Appeal after five days

3843. How recognizance served when Justice

absent.

3844. When property to be released, etc. 3845. Return of Justice to Appeal.

3846. Additional particulars to be returned. 3847. Return, etc., of Justice to be filed within ten days.

3848. How return may be compelled. 3849. Amendment of return compelled. 3850. Disobedience of Justice, how punished. $851. When Court to determine Appeal. 3852. Issue of Law, etc., to be tried by Court; When appeal to be tried by Jury. 3853. When Appeal may be noticed for trial. 3854. Notice of trial how served.

3855. Imperfect Bond, etc., may be amended or perfected.

3856. Appeal not to be dismissed because costs

not paid.

3857. Affidavit may be perfected. 3858. Costs on dismissal, etc.

3859. When Appeal to be discontinued.

3860. Order of dismissal to be served on Justice.

3861. Appellee not to prosecute Bond, etc., till Execution returned unsatisfied.

3862. Power of Court to allow amendments. 3863. Costs how awarded.

3864. Costs before Justice to be included. 3865. When costs to be set-off against debt or damages.

3866. When judgment to be entered against appellant and surety.

3867. Sureties to be discharged unless Execution issue against appellant in thirty days.

OF CERTIORARIS.

3868. Certioraris allowed.

3869. Notice and affidavit in case of Certiorari. 3870. How Certiorari to be allowed.

SECTION

3871. Bond to be executed and approved; Condition.

3872. Two sureties may execute Bond. 3873. When judgment was in favor of party applying for Certiorari.

3874. Affidavit to be filed and writ issued. 3875. Certiorari to be served on Justice; Fees for return must be paid.

3876. Service of Certiorari to stay or suspend Execution.

3877. Return of Justice to Certiorari. 3878. Writ, Bond, affidavit and return to be attached together.

3879. Amendment to return may be compelled 3880. When cause may be brought on to argu

ment.

3881. Judgment on Certiorari.

3882. How costs to be awarded.

3883. Judgment not to be reversed for certain informalities.

3884. When Judgment is collected, and afterwards reversed.

GENERAL PROVISIONS CONCERNING JUSTICES' COURTS, AND PROCEEDINGS THEREIN.

3885. All process to be signed. 3886. Constable not to take reward. 3887. Justice or Constable not to purchase demand for purpose of suing; Nor induce persons to place demands in their hands for prosecution.

3888. Justice not to purchase judgment rendered by him.

3889. Punishment for violation of three preceding Sections.

3890. What to be entered in Justice's Docket. 2891. Items to be entered under title of cause

to which they relate.

3892. Original entry evidence before same Justice.

3893. Certified transcript of judgment, etc., evidence.

3894. Other proof of proceedings before Justice. 3895. Justice to file and preserve Papers. 3896. Index of judgments, etc. 3897. When Justice may deliver Papers, etc., to another Justice, who may proceed thereon.

3898. When Justice re-elected, proceedings before him to continue without interruption.

3899. When Justice to deliver books and papers to successor.

3900. When books, etc., to be delivered to Clerk.

3901. On death of Justice, books, etc., to be delivered to Clerk.

3902. Clerk to deliver books, etc., to some Justice of the Township or City, and give notice.

3903. Notice what to specify.

3904. Justice to whom books, etc., are delivered,

to continue proceedings.