may have jury.

shown for a continuance. Either party shall be entitled Either party to a trial by six jurors, if demanded, under the same regulations which are prescribed in relation to such trials in other cases before justices, except that the jury shall be sworn well and truly to try whether the defendant un- Oath of jury. lawfully withholds the premises in controversy from the plaintiff, and (if damages are claimed for the detention) to assess the plaintiff's damages for being so kept out of possession.

for plaintiff,

to be entered.

. 215. If the verdict of the jury, or the finding of the If verdict of justice when the case is tried without a jury, be that the jury, etc., be defendant unlawfully withholds the premises in contro- what judgment versy, or any part thereof (describing the part), from the plaintiff, judgment shall be rendered in favor of the plaintiff that he recover possession of the premises, or of Damages

judgment.

what to com

the part so described, and his costs. If damages are assessed inassessed by the justice or jury in favor of the plaintiff, the cluded in same shall also be included in the judgment, and the justice, when required by the plaintiff, shall issue an execution Execution; commanding the officer to whom it is directed to deliver mand. possession of the premises, or such part thereof, to the plaintiff, and remove the defendant and his goods therefrom, and collect the said damages and costs out of the personal property of the defendant. Such execution shall when to be be returnable within sixty days from its date, and as to executed and the delivery of possession and removal of the tenant and his goods, it shall be executed within five days from the time it comes into the hands of the officer.

returned.

recover, to

216. If the verdict of the jury, or the finding of the If defendant justice, when the case is tried without a jury, be for the have judgment, defendant, he shall have judgment and execution for his etc., for his

costs.

costs.

Judgments in

217. The judgment under either of the two preceding such cases no sections shall not bar any subsequent action of ejectment bar, etc. brought by either party.

be granted.

regulate pro

218. The justice may set aside the verdict of the jury, New trials in or his own judgment, and grant a new trial as in other such cases may cases; and the laws relating to civil actions and proceedings before justices, so far as they are applicable and consistent with the seven preceding sections, shall regulate What laws the actions provided for in those sections, and the process ceedings in such to be issued or proceedings had in such actions. Appeals shall lie to the circuit court from the judgment of justices Appeals. in such actions, upon the same terms, within the same time, and subject to the same regulations as in other cases.

cases.

Jurisdiction of

offenses com

Proceedings Before Justices on Behalf of the State. 219. A justice of the peace shall have jurisdiction of the justices as to following offenses, committed in his county, or on any river or creek adjoining thereto :

14 Acts.

mitted in

their counties, etc.

Circuit court to have concurrent jurisdiction with justice; except, etc.

Proceedings before justice to be by warrant; except, etc.

Warrant; to what officer to be directed,

and where executed.

How directed.

Warrant to be issued only on oath of some credible person; what to contain.

Witnesses; how required to be summoned.

When accused appears, justice

First-In cases of assault and battery, unless the offense was committed upon a sheriff or other officer of justice, or riotously or with intent to commit a felony, and no compromise with the party injured shall affect or prevent the trial of such offense by the justice.

Second-In cases of trespass to personal property and if the defendant be convicted, either upon his own confession or upon a trial by the justice with or without a jury for either of the offenses herein before named, he shall be fined not less than five dollars, nor more than fifty dollars.

Third-In cases of adultery and fornication and upon a conviction, as aforesaid, the defendant shall be fined twenty dollars.

Fourth-In any other case where the punishment is lim ited to a fine not exceeding ten dollars, or to imprisonment not more than ten days.

220. The circuit court for the county, wherein the offense was committed of which a justice has jurisdiction, shall have concurrent original jurisdiction of such offense, except when imprisonment is imposed for contempt, pursuant to the one hundred and ninety-first section.

221. The proceeding before the justice shall be by warrant of arrest in the name of the State, except that when an offense of which the justice has jurisdiction is committed in his his presence, or in that of a constable, either of them may forthwith apprehend the offender, or cause him to be apprehended, and in such case the offender may be tried before the justice and dealt with according to law, without such warrant.

If the justice have jurisdiction, the warrant of arrest may be directed to any constable in the county in which the offense was committed, and the officer to whom it is directed may execute the same anywhere within his county, or on any river or creek adjoining thereto. It may be directed to the constable by name or official designation.

223. The warrant of arrest shall be issued only on the information, under oath, of some credible person It shall describe the offense alleged to have been committed, as heretofore required in such cases by law, and command the officer forthwith to apprehend the accused and bring him before the justice, to be dealt with according to law.

224. The justice may also, by endorsement on the warrant or by subpoena, direct witnesses to be summoned, and may proceed against them as for contempt if they fail or refuse to attend or testify.

225. On the appearance of the accused, the justice may

tinue the case,

proceed to try the case; but he may grant continuances, may try or confrom time to time, if the circumstances of the case require etc. it. If a continuance be granted at the instance of the accused, the justice, if he sees fit, may require him to en

for failure.

ter into a recognizance, with surety deemed sufficient, con- Recognizance ditioned for his appearance at the time and place appointed for appearance. for trial, to answer for the offense with which he is charged, and if such recognizance be not given, may commit him to May commit prison until the time appointed for trial, but such imprisonment shall not exceed five days. The accused, if such Accused to be continuance be not at his instance, shall be discharged discharged on from custody on his own recognizance, or without a re- zance, etc; cognizance, as the justice shall deej2 proper. The justice when. may render judgment on any recognizance taken by him Judgment on pursuant to this section.

his own recogni

recognizance.

When accused

by jury, etc.

226. When the penalty authorized by law is a fire exceeding five dollars, or imprisonment, the accused she'll be entitled to trial entitled to a trial by twelve jurors, or a less number if demanded, under the regulations respecting such trials in civil suits before justices; except that no premptory challenge shall be allowed to the state, and that the jury shall Oath of jury. be sworn well and truly to try the case between the state and the accused, and to give a true verdict according to Verdict of the evidence. If the jury find the accused guilty, they jury; what to shall, subject to the limitations prescribed in section two hundred and nineteen of this chapter, ascertain the fine and term of imprisonment, if any, not exceeding ten days, unless the same be fixed by law.

find.

227. Whether the trial is by jury or not, if the judg- If accused ment be against the accused, it shall be for the costs of found guilty, the proceeding in addition to the fine and term of im- for costs, in judgment to be prisonment imposed, and when the accused is sentenced addition to, etc. to imprisonment, whether a fine be also imposed or not, or is imprisoned for non-payment of a fine and costs, the jailor's fees shall be included in the costs. Execution, to be collected out of the personal property of the accused, fines and costs. may be issued on such judgment for fine and costs, or for the cost alone, if the judgment be for imprisonment and costs without fine. Fee bills may be issued against the accused for costs incurred at his instance, including the issue, etc. jailor's fees, under the same regulations and with like effect as in civil suits.

Execution for

Fee bills may

fine and costs;

when.

228. When a fine is imposed, whether with or without Imprisonment imprisonment, and whether execution be issued under of accused for the preceding section or not, the justice, if he see fit, may adjudge the offender to be imprisoned until such fine and all the costs are paid, but not exceeding ten days for that ot to exceed cause; and if fine and imprisonment be imposed, the ten days, etc. offender may be imprisoned for not exceeding ten days on account of the non-payment of the fine and costs, in addi

Offenders to be tion to the term of imprisonment imposed for the offense.

imprisoned in county jail, unless, etc.

Fines received by justice to be paid to sheriff.

Penalty for

failure.

To be credited

to what fund.

be audited and⋅. paid out of

such fund.

Sheriff to render to auditor a

oath, etc.; when, etc.

Penalty for failure.

When the offender is to be imprisoned, it shall be in the county jail, unless otherwise provided by law, under a warrant of commitment to be issued by the justice And if he is not in custody, the justice may issue a warrant for bis arrest and commitment in such jail.

If any

229. All fines which accrue to the state, collected or paid in any proceeding under this chapter before a justice, shall immediately be paid by the justice receiving the same to the sheriff of the county. If any justice fail therein, he shall forfeit twenty dollars, for every such offense. The sheriff shall enter the suns so paid to him to the credit of an account, to be kept by him under the heading "general school fund.". All claims by justices, constables, jailors, and others, for fees due them in like proceedings in the count where the accused is acquitted, or when such fees What claims to cold rot be collected on execution or fee bills, by the exorcise of proper diligence, shall be audited and examined by the county court, and if found correct, the court shall cause orders to be issued therefor on the sheriff, to be paid out of such fund, if sufficient, and charged to said account. The sheriff, during the month of January or February anstatement under nually, shall render, under oath, to the auditor a true statement of the said account, and pay into the treasury of the state the net proceeds of the said fines as exhibited by the said account, to be appropriated as directed by the fifth section of article twelve of the constitution. sheriff fail herein, he shall forfeit twenty dollars; and, moreover, he and his sureties, his and their personal representatives, shall be liable to the state in the same manner and to the same extent as for other moneys in his hands due the state. Every justice shall, annually, in the tify all fines im- month of January, certify to the clerk of the county court posed by him of his county a list of all fines imposed by him during the What must be preceding year, and stating therein such as have been stated therein. paid to him, and such as remain uncollected by him; and Duty of clerk of the clerk of every county court shall, upon receiving such to such certifi- certificate of the justice, certify to the auditor the amount of money appearing thereby to have been paid to the sheriff; and if he fail to do so, he shall be fined not less than twenty nor more than fifty dollars. He shall also What clerk to state in such list for which of such fines (if any) execustate in list cer- tions have not been returned, or returned unsatisfied, and for which (if any) executions have been returned satisfied and the money not paid to him, with the name of the officer or person so failing to return or pay, and such as have been paid by him to the sheriff, and if he fail to do so, he shall be fined not less than fifty nor more than one hundred dollars.

Liability of

sheriff and his sureties.

Justice to cer

when, to whom.

county court as

cate.

Penalty for failure.

tified to auditor.

Penalty for fail

ure.

Persons sen

tenced to im

230. Every person sentenced to imprisonment under this chapter by the judgment of a justice, or to the pay

appeal to circuit

Recognizance of

be delivired to

ment of a fine exceeding ten dollars, shall be allowed an prisonment may appeal to the circuit court of the county, upon entering court. into a recognizance before the justice, with surety deemed sufficient, to appear before the said court on the first day defendant. of the next term thereof, to answer for the offense wherewith he is charged, and not depart thence without leave of the court. If such appeal be taken, the warrant of ar- Papers, etc., to rest (if there be any), the transcript of the judgment, the clerk of court by recognizance, and other papers of the case, shall be forth- justice. with delivered by the justice to the clerk of the court, and the court shall proceed to try the case as upon indict- How tried, etc. ment or presentment, and render such judgment, without remanding the case as the law and the evidence may require. If the judgment be against the accused, it shall include the costs incurred in the proceedings before the justice as well as in the said court, including a fee of ten cluded if judgdollars to the prosecuting attorney, and the jailor's fee, if a accused. any.

Proceedings before Justices for Violation of Ordinances.

What costs in

ment be against

tices as to.

231. Unless otherwise specially provided, a justice shall Violation of ordinances; jurishave jurisdiction of every violation of any lawful ordi- diction of jusnance of the council of a town or village, but not of a city in his county, if the punishment therefor be limited by law or ordinance to fine not exceeding ten dollars, or imprisonment not exceeding ten days, or to fine not exceeding ten dollars and imprisonment not exceeding ten days.

Proceedings in

what name, etc.

232. The proceeding in such case shall be by summons in the corporate name of the town or village, as plaintiff, such cases; in and shall conform, so far as practicable, to the regulations respecting civil action before justices. But the justice, for good cause shown, may, by endorsement on the summons, order the person charged with such violation to be forthwith apprehended and brought before him to answer hended, etc. therefor.

When accused may he appre

233. The two hundred and twenty-fifth and following what sections sections to the two hundred and twenty-eighth, inclusive, apply to such proceedings. of this chapter, shall apply to such proceeding. When the suit is for the violation of an ordinance of a town or village, the process therein may be directed to the sergeant Summons; to or constable of the said town or village, if there be such whom directed officer, and may be executed by him within the county. cuted. Constables and Officers Deputed to Serve Process and Orders.

and where exe

etc.

234. The constable or other officer shall attend all trials Duty of officers in his district, town or village, in which he may have serving process, served process, and preserve order and enforce the lawful commands of the justice during the same.

To note on pro

235. It shall be the duty of such officer, on receipt of cess, etc., time any summons, order, execution, or other process issued

of receiving same.