SECT. 2. Every justice, in the month of December, annually, shall deliver an abstract of the fines and penalties imposed by him, the preceding year, to the treasurer of the town to which such penalty shall belong, with a minute of the name of the person to whom the execution or warrant for collecting such fine or penalty was delivered. (Sec. 66 of R. S.)

SECT. 3. Every justice neglecting the duty enjoined by the preceding section shall forfeit to the treasurer of such town, a sum equal in value to the fine or penalty omitted to be returned. (Sec. 67 of R. S.)

SECT. 4. All prosecutions of a criminal nature, for any of the crimes described in the twenty-first, twenty-second, twenty-third, twenty-fourth and twenty-fifth sections of chapter ninety-five, (§ 26, 27, 28, 31 and 33 of chap. 104 of this compilation) and in the first and tenth sections of chapter ninety-eight, (§ 1 and 10 of chap. 107 of this compilation) also in the fifth and seventh sections of chapter eighty-two of the Revised Statutes (§ 5 and 7 of chap. 86 of this compilation) may be tried and determined by any justice of the peace within the county where the offence is committed; and any justice before whom such prosecution is tried may sentence the offender to pay a fine in a sum not exceeding twenty dollars, and may issue a warrant to carry his judgment into effect, in case no appeal is taken. (Sec. 1 of No. 10 of 1840.)

SECT. 5. Any justice, before whom any prosecution is commenced for either of the crimes mentioned in any one of the sections of the Revised Statutes included in the first section of this act, (§4 of this chap.) may, if in his discretion the public good requires it, bind over the respondent, with sufficient sureties, for trial by the county court, and in case such sureties are not furnished, to commit the respondent to jail. (Sec. 2 of No. 10 of 1840.)

SECT. 6. Any justice is empowered to cause to be apprehended and committed to prison, or bound over, with sufficient sureties, for trial by the county court, all persons charged with crimes exceeding his jurisdiction to try. (Sec. 2 of R. S.)

SECT. 7. He shall, in the cases mentioned in the preceding section, file with the clerk of the county, in which such proceeding is had, a certified copy of the records and process in the cause, within thirty days after the trial or examination, or, if there are not thirty days to intervene between such time and the next term of the county court, then on the first day of said term. (Sec. 3 of R. S.)

SECT. 8. No warrant, to apprehend the body of any person charged with a criminal offence, shall be granted by any justice,unless on complaint of an informing officer,-until such justice shall have taken security to his satisfaction, by way of recognizance, to the person so charged, that the prosecutor will answer all damages, if he do not prosecute his complaint to effect, a minute of which recognizance shall be made, as directed in civil causes. (Sec. 24 of R. S.)

SECT. 9. A warrant issued by a justice, for the arrest of a person charged with a criminal offence, may be directed to any sheriff or constable in the state, and the officer serving such warrant may, by virtue thereof, apprehend and convey the person so charged, to the

place appointed in such warrant for trial or examination, though it be out of the jurisdiction for which such officer was appointed, and for that purpose the officer may convey such person through or into any county, by the most direct route, to the place so appointed for such examination. (Sec. 57 of R. S.)

SECT. 10. Whenever a justice shall commit or bind over a respondent for trial, as provided in the second section, (§ 6 of this chap.) he shall take the recognizance of the necessary witnesses, who shall appear before him, for their appearance at the county court, in the same sum in which the respondent is ordered to find bonds. (Sec. 4 of R. S.)

SECT. 11. In case any witness shall refuse to enter into the bond of recognizance so ordered, he may be committed to jail on the warrant of the justice making such order. (Sec. 5 of R. S.)

SECT. 12. A justice may order any person, arrested for a criminal offence, to find sureties of the peace, when, in the opinion of such justice, it shall be necessary, and may commit such person to jail, until he find such sureties. (Sec. 6 of R. S.)

SECT. 13. Whenever a justice shall postpone the trial of a criminal cause, or the examination of a person brought before him, charged with a criminal offence, which is bailable, he may take security of such person by way of recognizance to the treasurer of this state, and also take recognizance of the witnesses for the prosecution, for their appearance before the justice, on the day to which the trial or examination shall be postponed. (Sec. 21 of R. S.)

SECT. 14. Any justice may grant a warrant for searching, in the day time, any dwelling house or other place, where any personal property, that has been stolen, embezzled or obtained by false tokens, is suspected to be concealed. (Sec. 69 of R. S.)

SECT. 15. Such search warrant shall not be granted but on the oath of some credible person, that he has reason to suspect and does suspect that such property is concealed in the place directed by such warrant to be searched. (Sec. 70 of R. S.)

SECT. 16. When satisfactory evidence shall be adduced to any two justices that any person, against whom a warrant for a criminal offence has been issued, is secreted, or any property, that has been stolen, embezzled or obtained by false tokens, is concealed in any particular house or place, they may issue a warrant for the search of such house or place in the night time. (Sec. 71 of R. S.)

SECT. 17. When criminal process, in any other state of the United States, shall have issued against any person, who shall escape to this state, any two justices, on application and proof that such process issued from lawful authority, shall issue their warrant to all proper officers in their county, or to any person, by name, requiring such officer or person to apprehend the offender, if found in such county. (Sec. 72 of R. S.)

SECT. 18. The justices, to whom such warrant shall be returned, may, if they think proper, on examination, by their warrant, send such offender to the line of this state nearest to the state in which the original process issued, that he may be delivered to some proper officer there ready to receive him. (Sec. 73 of R. S.)

SECT. 19. All legal costs, attending the arrest, examination or

conveyance of such offender, shall be paid by the person applying for such process. (Sec. 74 of R. S.)

THEIR JURISDICTION IN CIVIL CASES, AND GENERAL POWERS.

SECT. 20. A justice shall have jurisdiction of all actions of a civil nature,—except actions for slanderous words, false imprisonment, replevin above the sum of seven dollars, and where the title of land is concerned,-where the debt or other matter in demand does not exceed one hundred dollars, and of actions of trespass on the freehold, where the sum in demand does not exceed twenty dollars. (Sec. 7 of R. S.) SECT. 21. The matter in demand, in an action on a note, shall be considered the amount of the note, deducting endorsements; and, in actions on book account, the matter in demand shall be considered the debtor side of the plaintiff's book. (Sec. 8 of R. S.)

SECT. 22. A justice is authorized to accept and record a confession of any debt to a creditor, made by a debtor personally, either with or without antecedent process, as the parties shall agree, and render judgment on such confession. (Sec. 9 of R. S.)

SECT. 23. No justice shall take cognizance of any cause, or take confession of any debt, or do any judicial act, where he shall be related, within the fourth degree of affinity or consanguinity to either party in any such matter, or shall have been of counsel, or shall be, directly or indirectly, interested in such cause or matter. (Sec. 10 of R. S.)

SECT. 24. No justice shall act as counsel or attorney or advise or assist either party, in a suit before himself or one appealed from his decision. (Sec. 62 of R. S.)

SECT. 25. Every justice may administer oaths in all cases where an oath is required, unless a different provision be expressly made by law. (Sec. 64 of R. S.)

SECT. 26. Every justice may issue subpoenas for witnesses, in all cases pending before himself or any other magistrate, court or board authorized to examine witnesses. (Sec. 65 of R. S.)

SECT. 27. Justices may issue all writs, warrants and precepts, necessary to carry into effect the powers granted to them, and where no form therefor is prescribed by the statute, they shall frame one in conformity with the principles of law and the usual course of proceedings of courts in this state. (Sec. 61 of R. S.)

SECT. 28. Every justice shall keep a record of his judicial proceedings both in civil and criminal cases, and his books of record shall, at all times, be subject to the inspection of any person interested in such record. (Sec. 63 of R. S.)

SECT. 29. No judgment rendered by a justice, on the merits of a civil cause, within his jurisdiction, shall be reversed by writ of error, certiorari or any other process whatever. (Sec. 68 of R. S.)

COMMENCEMENT OF AND PROCEEDINGS IN SUITS BEFORE JUSTICES.

SECT. 30. Suits returnable before a justice may be commenced.

by writ of summons or attachment, directed to any sheriff or constable in the state. (Sec. 11 of R. S.)

SECT. 31. Every such writ shall be signed by the justice to whom it is made returnable, and, before issuing it, such justice, shall take security for the costs of prosecution. (Sec. 13 of R. S.)

SECT. 32. The time set in a justice writ for the trial of any cause shall not be earlier than nine o'clock in the forenoon, nor later than three o'clock in the afternoon. (Sec. 40 of R. S.)

SECT. 33. Suits before a justice must be made returnable within the town where the plaintiff or defendant resides, if either party be an inhabitant of this state, unless otherwise specially directed by law. (Sec. 14 of R. S.)

SECT. 34. All suits hereafter brought before a justice of the peace, where the defendant shall reside without this state, may be brought and tried in the town where the plaintiff resides, or in the town where service is made on defendant. (No. 7 of 1840.)

SECT. 35. If neither party be an inhabitant of this state, the suit may be brought and tried in any town. (Sec. 15 of R. S.)

SECT. 36. Suits commenced before a justice to recover debts or demands for goods, wares or merchandise, sold or delivered, shall be tried in the town where such commodities were sold, or where the defendant resides. (Sec. 16 of R. S.)

SECT. 37. The restriction in the preceding section shall not extend to actions on promissory notes. (Sec. 17 of R. S.)

SECT. 38. A justice writ of summons or attachment shall be served not less than six, nor more than sixty days before the time therein appointed for trial; but, if served in a different county from that in which it is returnable, it shall be served, at least twelve days before the time therein appointed for trial. (Sec. 12 of R. S.)

SECT. 39. Whenever it shall be made to appear to a justice that any precept returnable to him, may fail of service, for the want of a proper officer seasonably to be had, he may authorize any suitable person to serve such precept by endorsing thereon, under his hand and official signature, the following words: I authorize A. B. to serve and return this writ. (Sec. 22 of R. S.)

SECT. 40. The person so authorized shall have all the power of a sheriff, in the service and return of such precept, and shall be sworn to the truth of the return by him made, and shall receive, for such service, one half the fees allowed to a proper officer. (Sec. 23 of R. S.)

SECT. 41. No judgment of a justice shall be considered regular, unless he shall be present with the plaintiff's writ at the place appointed for trial, within two hours after the time set in such writ, or unless the case be continued, as provided in the nineteenth section, (§ 47 of this chap.) (Sec. 41 of R. S.)

SECT. 42. Two hours from the time set in a writ for the trial of a civil action, are allowed to the parties to appear; at the expiration of which time, or within two hours after, judgment may be entered by such justice on nonsuit or default, against the party who shall not appear. (Sec. 42 of R. S.)

SECT. 43. Within two hours after judgment on nonsuit or default, as provided in the preceding section, the justice rendering such

judgment may, in his discretion, on motion of either party, strike off such nonsuit or default, and revive the action on such terms as he may judge reasonable. (Sec. 43 of R. S.)

SECT. 44. Sections forty-two and forty-three of chapter twentysix of the Revised Statutes, (§ 42 and 43 of this chap.) shall be so construed as to give to either party two hours to appear, to prosecute and answer, before a justice's court, after the time set for hearing, whether the same be on the return day of the writ, or on a day to which the cause pending may have been adjourned. (Sec. 1 of No. 45 of 1847.)

SECT. 45. Any justice who may have rendered judgment on nonsuit or default, as provided in the preceding section, may, in his discretion, on motion of either party, strike off such nonsuit or default, within two hours after rendering such judgment, and revive the action on such terms as he may judge reasonable. (Sec. 2 of No. 45 of 1847.)

SECT. 46. A justice may adjourn his court at any stage of the proceedings, in any cause, to any time, not exceeding three months. (Sec. 18 of R. S.)

SECT. 47. Whenever at the time and place appointed for the trial of any civil suit before a justice, either on the return day of the writ, or the day to which such suit may have been continued, such justice shall be unable to attend, any other justice, who can legally try a cause between the parties, may continue such suit, without cost to the defendant, for a period not exceeding thirty days, and shall enter a minute of such continuance on the plaintiff's writ in such suit and such continuance shall not deprive the defendant of the right to plead any dilatory or other plea. (Sec. 19 of R. S. as amended by No. 10 of 1850.)

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SECT. 48. No suit shall be more than once continued, except by the justice by whom it is to be tried. (Sec. 20 of R. S.)

SECT. 49. Either party to a suit before a justice, shall be entitled to a trial by jury. (Sec. 33 of R. S.)

SECT. 50. In civil cases, the parties may agree on a jury, but when they do not agree, and also in criminal causes, a jury shall be selected in the following manner :

The constable, or officer appointed by the justice, shall write and fold up eighteen ballots, each containing the name of a respectable freeholder of the vicinity: he shall deliver the ballots to the justice, who shall put them into a box and shake them together; and the officer shall draw out one, and the person, so drawn, shall be one of the jury, unless challenged by either party; and the officer shall thus proceed until he shall have drawn six, who shall not be challenged; but if the first twelve shall be challenged, and the parties do not agree to a choice, the last six shall be the jury: and when any of the six jurors so drawn, cannot be had, or are disqualified by law to act in such case, and the parties do not supply the vacancy by agreement, the officer shall proceed to prepare, in the manner before directed, ballots for three times the number thus deficient, which shall be disposed of and drawn as above provided. (Sec. 34 of R. S.)

SECT. 51. The jurors, selected for the trial of any issue before a