PROCEEDINGS IN ACTIONS ON PENAL BONDS.

SECT. 50. In all actions brought to recover the forfeiture annexed to any articles of agreement, covenant, bond, bond of recognizance, with condition thereto annexed, contract, charter-party or other specialty, when the forfeiture, breach or non performance shall appear by the trial of an issue of fact, by the default or confession of the defendant, or upon demurrer, the court, before which the action is pending, may render judgment for the plaintiff to recover so much as is due according to equity and good conscience, and when the sum for which judgment ought to be rendered is uncertain, the same shall, on the request of either party, be assessed by a jury. (Sec. 42 of R. S.)

SECT. 51. In all actions brought to recover the penalty or forfeiture annexed to any bond of recognizance, given or taken in any criminal cause, the court before which such action is pending may lessen the sum of any such bond of recognizance and render such judgment thereon, as the nature and circumstances of the case shall require. (Sec. 43 of R. S.)

SECT. 52. In all actions on bond, or for any penal sum for the non performance of covenants, agreements, in any condition, indenture, deed or writing contained, the plaintiff may assign as many breaches as he shall choose, and the damages shall be assessed for such breaches as the plaintiff shall prove, and the court shall render judgment for the whole penalty, and execution shall issue for so much only as shall have been found in damages, with costs. (Sec. 44 of R. S.)

SECT. 53. If in any such action there shall be judgment for the plaintiff on demurrer, default, confession or nihil dicit, the plaintiff may assign as many breaches as he shall choose, the truth whereof shall be found, and the damages assessed according to law, and ex*ecution shall issue for such damages only, with costs. (Sec. 45 of R. S.)

SECT. 54. All such judgments shall remain as a security to the plaintiff or his representatives for any other breaches which he shall afterwards prove, and he may from time to time have a scire facias on such judgment against the defendant or his representative, and assign any other breaches, and thereupon damages shall be assessed and execution issue for the same, with costs. (Sec. 46 of R. S.)

SECT. 55. If, in any such action, the judgment shall be rendered for the penalty, in the supreme court, the scire facias may be brought before the county court, in the same county, in which the original judgment was rendered. (Sec. 47 of R. S.)

SECT. 56. When judgment shall have been rendered against any sheriff or high bailiff, for any official misconduct, neglect or default, and execution on such judgment returned unsatisfied, or the defendant committed to jail thereon, the creditor in such execution may, in his own name and right, sue out writ of scire facias on the recognizance entered into by such sheriff or high bailiff and his sureties, for the faithful performance of the duties of his office, returnable

before the county court, in the county where such recognizance was taken. (Sec. 48 of R. S.)

SECT. 57. On the return of such writ of scire facias, such court, unless satisfactory cause be shown to the contrary, shall render judgment against such sheriff or high bailiff, and his sureties, in favor of the creditor, for the amount of such execution, and all charges thereon, with legal interest and costs. (Sec. 49 of R. S.)

SECT. 58. The defendant, in such scire facias, may make any defence, or take any advantage on the scire facias, that could have been made or taken, had an action of debt been brought on such recognizance. (Sec. 50 of R. S.)

SECT. 59. In all cases when the original judgment against the sheriff or high bailiff was rendered by default, and scire facias shall be brought as above provided, the sureties may make any defence, and take any advantage on the scire facias, which the principal might by law have made or taken in the original action. (Sec. 51 of R. S.)

PROCEEDINGS IN ACTIONS ON JOINT CONTRACTS.

SECT. 60. When any bond, recognizance, bill, note or other contract, shall have been executed by two or more persons, jointly, and one or more of them shall reside out of this state, an action may be brought and sustained thereon, against the party residing in this state. (Sec. 52 of R. S.)

SECT. 61. On all joint and several contracts, executed by three or more persons, and any of them reside out of this state, an action may be brought and sustained against one or more of them, suggesting in the writ, in all such cases, the persons out of the state as aforesaid. (Sec. 53 of R. S.)

SECT. 62. The recovery of the judgment against one or more of several obligors or promisors, on a joint, or joint and several contract, without satisfaction, shall not in any wise discharge the other obligors or promisors from their liability on such contract. (Sec. 54 of R. S.)

SECT. 63. If one of the several obligors or promisors, jointly holden by virtue of any contract in writing, shall die, the representatives of such deceased person, and the surviving obligors or promisors, may be charged, by virtue of such contract, in the same manner as if such contract had been joint and several. (Sec. 55 of R. S.)

PROCEEDINGS IN CRIMINAL CAUSES.

SECT. 64. No person shall be compelled to plead to any indictment or information, until he shall have been furnished with a copy of the same at least twenty-four hours, and it shall be the duty of the state's attorney to furnish such copy. (Sec. 56 of R. S.)

SECT. 65. On the trial of any person on information or indictment for any crime, the conviction whereof induces legal infamy,

the court shall order such person into custody to be retained in discharge of his recognizance. (Sec. 57 of R. S.)

SECT. 66. On the trial of any person for a criminal offence, or on the examination of any person charged with such offence before a justice, it shall be the duty of the court, on the request of the prosecuting attorney, or the party accused, to have the several witnesses examined separately and apart from each other. (Sec. 58 of R. S.)

SECT. 67. When any person shall be in actual confinement in jail, by virtue of a complaint for any crime or misdemeanor, the supreme court, held in the county where such person is confined, may, on application in writing of such person, direct that an information be filed against him for the offence for which he stands charged, and on such information being filed, such court may receive and record a plea of guilty, and award sentence thereon, and hear and determine any question of law arising on such information. (Sec. 59 of R. S.)

SECT. 68. If, upon an information filed before the supreme court, as aforesaid, the respondent shall plead not guilty, or any other plea upon which an issue of fact shall be joined, such information, with a certificate of the proceedings thereon, shall be removed to the county court for such county, and be there tried in the same manner as if a bill of indictment had been returned against such respondent. (Sec. 60 of R. S.)

SECT. 69. If any person is actually confined in jail by virtue of a complaint for a crime or misdemeanor, the county court, for the county in which such person shall be confined, may, on motion in writing of such person, direct an information to be filed against him for such offence, and, on such information being filed, such court may proceed in the trial of such person in the same manner as if an indictment had been presented against him by the grand jury. (Sec. 61 of R. S.)

SECT. 70. The provisions of the last three sections shall not extend to any crime, for which the punishment prescribed by law is death. (Sec. 62 of R. S.)

SECT. 71. If any person, bound to appear before the county court, on any criminal charge, information or indictment, shall not appear, but forfeit his recognizance, such court shall order a warrant to be issued, from time to time, to take the body of such person for trial, and the surety of such person shall have power to take and deliver him up to the officer having such warrant, or to the court that issued the same; and, on chancering such recognizance, the court shall consider the same in favor of such surety. (Sec. 63 of R. S.)

SECT. 72. Every question of law, decided by the county court, arising on demurrer, or upon a trial by jury, in a prosecution by indictment or information for any crime or misdemeanor, may, after verdict of guilty is returned, be allowed and placed upon the record, if the court, upon consideration of the difficulty and importance of such question, shall so direct, and not otherwise; and the same shall thereupon pass to the supreme court for a final decision, and

judgment, sentence and execution shall be thereupon respited and stayed. (Sec. 64 of R. S.)

SECT. 73. Exceptions to the decision of the county court, upon any motion in arrest of judgment made in a prosecution by indictment or information, may be allowed and placed upon the record, if such court, upon consideration of the difficulty and importance of the question, shall so direct, and not otherwise; and the same shall thereupon pass to the supreme court for a final decision; and judgment, sentence and execution shall thereupon be respited and stayed. (Sec. 65 of R. S.)

SECT. 74. If, on inspection of the record in any such cause, the supreme court shall be of opinion that judgment ought to be rendered upon the verdict, such court shall proceed to render judgment and sentence thereon, according to law, and cause execution thereof to be done; otherwise the cause shall be removed to the county court for trial, or judgment of acquittal shall be rendered by the supreme court, as law and justice may require. (Sec. 66 of R. S.)

SECT. 75. No writ of error shall be allowed in a criminal cause, prosecuted by indictment or information. (Sec. 67 of R. S.)

SECT. 76. When any person shall be prosecuted by indictment or information for uttering and publishing any libel, or for defaming the civil authority of this state, the respondent may plead the general issue, not guilty, and may give in evidence to the jury the truth of the words contained in such supposed libel, or set forth in such indictment, or information, and, if the truth of the words contained. in such supposed libel or set forth in such indictment or information, is proved to the satisfaction of the jury, they shall bring in their verdict, not guilty. (Sec. 68 of R. S.)

CHAPTER 29.

JUSTICES OF THE PEACE.

COMPILED FROM

Chap. 26 of the Revised Statutes, pp. 168-177.

Laws of 1840,

SECTION

7. To file with county court, copies of record, &c.

8. To take recognizance before issuing warrant on private complaint.

9. Justice's warrant, how directed and served. 10. Witnesses to be recognized.

5, 6. Justice may commit or bind over crimi- 11. Witness, refusing to be recognized, may be

SECTION

12. Justice may bind over person arrested, to keep the peace.

13. Examination adjourned, party and witnesses to be recognized.

14. Justice may grant search warrant.

15. In such case oath required.

SECTION

consideration.

55. In prosecutions for certain crimes, jury to be summoned at expense of treasury to which fine is payable.

56. Officer of justice court.

16. May be executed in the night time in certain ABSENT DEFENDANT AND WRIT OF REVIEW.

case.

17. Two justices may grant warrant to appre hend offender escaping from other state. 18. May order offender to be conducted to line of the state.

57. Cause to be continued when defendant is
out of the state.

58. Cause may be further continued.
59. Defendant not notified, bonds required of
plaintiff before execution.

19. Expenses of process to be paid by party 60. Writ of review to be commenced in three making application.

THEIR JURISDICTION IN CIVIL CASES, AND
GENERAL POWERS.

20. Jurisdiction of justice in civil actions.

21. Term, "matter in demand," defined.

22. Justice may take confession of debt.

23. Not to try cause, if interested or related to

party.

24. Not to act as counsel.

25. May administer oaths.

26. May issue subpoena for witnesses.

27. May issue all proper writs and precepts. 28. To keep records.

29. Justice's judgment not reversible.

COMMENCEMENT OF AND PROCEEDINGS IN

SUITS BEFORE JUSTICES.

30. Writs, how directed.

31. By whom signed; security for costs required.

32. Time of holding justice court.

33 to 37. Suits, where returnable.

38. Writs, when to be served.

years.

61. Proceeding on trial of writ of review.
62. Same subject.

63. Same subject.

64. Either party in review entitled to appeal.

RULE OF REFERENCE.

65. Justice may issue rule of reference between
parties.

66. Report of referees, to whom made.
67. To be final between parties. Execution may
issue thereon.

ISSUING OF EXECUTION.

68. Executions, when returnable.

69. May be issued after expiration of justice's term of office.

APPEALS.

70. Appeal from judgment allowed.

71. Recognizance required on appeal in crimi

nal case.

72. Same in civil causes.

73. Appellant to enter copies in county court.

39. Justice may authorize person to serve pre- 74. Party appealing, may tender confession or

43. Cause may be opened within two hours after 77. Files of justice, removing, to be deposited

SECTION 1. Every justice is authorized to try and determine prosecutions and actions of a criminal nature, where the punishment is by fine, not exceeding ten dollars, and to issue a warrant to carry his judgment into effect, in case no appeal is taken. (Sec. 1 of R. S.)