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may come into his hands as such justice of the peace, during his continuance in office. And on the filing of such bond by the justice, the clerk, or any other person authorized to administer oaths, is empowered to administer to him the oath of office.
Know all men by these presents, that we John Doe and Richard Fen, of Sullivan county and state of Indiana, are held and firmly bound to the state of Indiana in the sum of fifteen hundred dollars, for the payment whereof well and truly to be made and done, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals and dated the 10th day of August, A. D. 1832.
The condition of the above obligation is such, that if the above bound John Doe will and do faithfully discharge the duties of his office as a justice of the peace in and for the county of Sullivan; and pay over on demand, to the person or persons authorized to receive the same, all moneys which may come into his hands, as justice of the peace, during his continuance in office, then the above obligation is to be void and of none effect, otherwise to be and remain in full force and virtue in law.
Signed sealed and de- JOHN DOE, SEAL.] livered in presence of
RICHARD FEN. SEAL.] EDWARD BAKER.
Oath of office.
You solemuly swear that you will support the constitution of the United States, and the constitution of the state of Indiana, and that you will faithfully discharge the duties of your office as a justice of the peace in and for the county of Sullivan te the best of your skill and understanding. So help you God.
The board of county commissioners, or the clerk of the circuit court in recess, are authorized to receive the resignation of justices of the peace, and in all cases of vacancy by resignation or otherwise, to cause such vacancy to be filled by election. Rev. L. 224.
Whenever the surety or sureties of any justice of the peace shall remove without the state, or become insolvent, or if any justice of the peace shall omit to give bond before entering on the duties of his office, it is made the duty of the circuit court, or the board of county commissioners, on petition of any three respectable citizens, to summon such justice before them, to shew cause why he shall not give an additional bond; or why he has entered on the duties of his office without having given bond as required by law. And if the court, upon the hearing of the
case, should be of opinion that such sureties have removed, or become insolvent, or that such justice has omitted to give bond, it is made the duty of said court, or board of county commissioners, to require such bond as is required to be given by said justice before entering on his official duties. Stat. Feb. 2, 1832. p. 249.
The jurisdiction of a justice of the peace, in general, is limited in civil cases, to the township in which he is elected and resides, and a removal from the township in which he was elected, vacates the office. But justices of the peace, as respects criminal matters, are county officers, and have power co-extensive with the limits of the county, as conservators of the peace, to suppress riots, affraye, and unlawful assemblies, to take sureties of the peace, to apprehend criminals, and commit or let to bail as circemstances may require.
The first process used by a justice of the peace in civil cases is a summons, when the defendant is a householder and a resident of the county. And when the defendant is not a resident and householder of the county, a capias ad respondendum is the proper process, and the form of the process in both cases is prescribed by the statute. It is made the duty of the constable, on serving a capias, to convey the defendant before the justice, who will cause him, either to give bail for his appearing and abiding the event of the suit, or be confined in jail till the day of trial. And the form of the recognizance of bail in such cases is prescribed by the statute as follows, viz:
Form of recognizance of special bail. Rev. L. 300.
State of Iniliana, county, township, ss
Whereas A. B. has been arrested and is in custody, at the suit of C. D. in an action of
for the sum of , now therefore I, E, F. do acknowledge myself special bail for the said A. B. in said action, in the sum of the condemnation money and costs, to be levied of my goods and chattels, lands and tenements, and for want thereof on my body, if default be made in the condition of this my undertaking, which is, that said A. B. shall be and appear before J. H. a justice of the township aforesaid, at his office therein, on the
, at o'clock, to answer to said suit; and if judgment be given against him therein, that he will pay the condemnation money and costs, or render his body in execution therefor; or that, in default thereof, on bis part, 1, the said E. F. will do the same for him.
E. F. (SEAL.] Taken and acknowledged this 1832, before me,
J. H. J. P. (SEAL.]
The statute also provides, that the following forms shall be adopted and pursued by justices of the peace, as nearly as the nature of the case will permit; but no writ, process, entry, or judgment, shall be deemed invalid or set aside for want of form, if it contain the substance. Rev. L. 321.
State of Indiana, Marion county, sct.
To any constable of Centre township, GREETING :
You are hereby commanded to summon pear before me, J. H., a justice of the peace of said township, at my office therein, on the day of at o'clock A. M. (or P. M. as the case may be) on said day, to answer
of a plea of debt (or assumpsit, or trespass, or case, or covenant,) damages not exceeding one hundred (or fifty, or twenty) dollars; and of this summons make due service and return. Given under my band and seal, this day of 18
J. H. J. P. (SEAL.]
State of Indiana,
county, sct. To any constable of township GREETING: Take A. B., and him (her or them) forthwith bring before me, J. H., a justice of the peace, of said township at my office therein, to answer C. D., of a plea of (here insert the name of the action) not exceeding (here insert the amount, according to the form of action) dollars: And of this writ make due service and return. Given under my hand and seal this
18 J. H., J. P. (SEAL.]
3. Subpoena. State of Indiana,
county, sct. To any constable of
township, GREETING: Summon A. B., to appear before me, J. H., a justice of the peace of said township, at my office therein, at
o'clock on said day, to testify in a suit wherein C. D. is plaintiff, and E. F. is defendant, on behalf of the (insert plaintiff or defendant); and this he (she or they) shall not omit, under the penalties prescribed by law; and of this writ make due service and return. Given under my hand and seal this
18 J. H. J. P. (SEAL.]
A. B. Plaintiff,
(After noting the previous proceedings, with the consta.ble's return and time of trial, say)
This day came the parties (by themselves, their agents or attornies, as the case may be,) and the cause or proceedings being fully heard and inspected, and all things touching the same: It is therefore considered, that said plaintiff (or defendant) recover of said defendant (or plaintiff) the sum of with interest thereon, at the rate of six per centum per annum, from the day or
18 till paid, with costs of suit, taxed at the defendant (or plaintiff) in mercy, &c.
Judgments in assumpsit, covenant, trespass or case, which all sound in damages, inay be in the above form, substituting the word damages for the word debt.
If the plaintiff is to be non-suited for not appearing, say “Comes the defendant, but the plaintiff being called, comes not; nor is his suit further prosecuted: It is therefore considered, that the plaintiff be non-suited, and that the defendant go hence without day, and recover of the plaintiff his costs by him about his defence herein expended; and that the plaintiff be amerced, &c.”
6. Judgment vs. defendant not appearing. If the defendant do not appear, and the case proceeds, say, “Comes the plaintiff, but the defendant, though called, comes not; and it appearing that he has been duly served with process, and the cause being fully heard and inspected, &c." as in form No. 4.
7. General judgment for defendant on trial.
Commence as in form No. 4, and on coming to the judgment, say, "It is considered that the plaintiff take nothing by his suit, but be amerced for his false clamour; and that the defendant go hence,” &c. as in form No. 5,
8. Jury trial and judgment.
After stating the appearance of the parties, as in No. 4. or of the plaintiff
, the non-appearance of the defendant, and service of process, as in form No. 6. or the non-appearance of plaintiff, as in form No. 5. say, “and a jury being summoned at the request of the (plaintiff or defendant, as the case may be,) who being called, likewise come, to-wit. (here insert their names,) good and lawful
county aforesaid, who being duly elected and sworn, well and truly to try the cause submitted to them between the parties aforesaid, and a true verdict to give, according to evidence, to the best of their judgment