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Docket, what to contain.

CHAPTER XI.

DOCKETS OF JUSTICES.

SECTION 911. Docket, what to contain.

912. Entries therein primary evidence of the fact.

913. An index to the docket must be kept.

914. Dockets must be delivered by Justice to his successor or

to the County Clerk.

915. Proceedings when office becomes vacant and before a successor is appointed.

916. A Justice may issue execution or other process upon

the docket of his predecessor.

917. Successor of a Justice, who shall be deemed.

918. If two Justices might be deemed successors, the County Judge shall designate one.

911. (§ 604.) Every Justice must keep a book denominated a "docket," in which he must enter: 1. The title of every action or proceeding;

2. The object of the action or proceeding; and if a sum of money is claimed, the amount thereof;

3. The date of the summons, and the time of its return; and if an order to arrest the defendant is made, or a writ of attachment is issued, a statement of the fact;

4. The time when the parties, or either of them appear, or their non-appearance, if default is made; a minute of the pleadings and motions; if in writing, referring to them; if not in writing, a concise statement of the material parts of the pleadings, and of all motions made during the trial by either party, and his decisions thereon;

5. Every adjournment, stating on whose application, whether on oath, evidence, or consent, and to what time;

6. The demand for a trial by jury, when the same is made, and by whom made, the order for the jury, and the time appointed for the return of the jury and for the trial;

7. The names of the jurors who appear and are Same. sworn, and the names of all witnesses sworn, and at

whose request;

8. The verdict of the jury, and when received; if the jury disagree and are discharged, the fact of such disagreement and discharge;

9. The judgment of the Court, specifying the costs included, and the time when rendered;

10. The motion for a new trial, when made, and how disposed of;

11. The issuing of the execution, when issued, and to whom; the renewals thereof, if any, and when made,. and a statement of any money paid to the Justice, when and by whom;

12. The receipt of a notice of appeal, if any be given, and of the appeal bond, if any be filed.

therein

evidence of

the fact.

912. (§ 605.) The several particulars of the last Entries section specified must be entered under the title of primary the action to which they relate, and (unless otherwise in this Title provided) at the time when they occur. Such entries in a Justice's docket, or a transcript thereof, certified by the Justice, or his successor in office, are primary evidence of the facts so stated.

913. ($606.) A Justice must keep an alphabetical index to his docket, in which must be entered the names of the parties to each judgment, with a reference to the page of entry. The names of the plaintiffs must be entered in the index, in the alphabetical order of the first letter of the family name.

An index to

the docket

must be

kept.

must be

by Justice

914. (§ 607.) Every Justice of the Peace, upon Dockets the expiration of his term of office, must deposit with delivered his successor his official dockets and all papers filed in his office, as well his own as those of his predecessors, or any other which may be in his custody to be kept as public records.

to his County

successor or the

Clerk.

Proceed

ings when

office

becomes

before

successor is

915. (§ 607.) If the office of a Justice become

vacant by his death or removal from the township or vacant, and city, or otherwise, before his successor is elected and appointed. qualified, the docket and papers in possession of such Justice must be deposited in the office of some other Justice in the township, to be by him delivered to the successor of such Justice. If there is no other Justice in the township, then the docket and papers of such Justice must be deposited in the office of the County Clerk of the county, to be by him delivered to the successor in office of the Justice.

A Justice

may, issue execution or other process upon the docket of

cessor.

916. (§ 608.) Any Justice with whom the docket of his predecessor, or of any other Justice, is deposited, has and may exercise over all actions and his prede proceedings entered in such docket, the same jurisdiction as if originally commenced before him. In case of the creation of a new county, or the change of the boundary between two counties, any Justice into whose hands the docket of a Justice formerly acting as such within the same territory may come, is, for the purposes of this section, considered the successor of such former Justice.

Successor of a Justice, who shall be deemed.

If two Justices might be deemed

successors,

the County shall designate

917. (609.) The Justice elected to fill a vacancy is the successor of the Justice whose office became vacant before the expiration of a full term. When a full term expires, the same or another person elected to take office in the same township or city, from that time is the successor.

918. (§ 610.) When two or more Justices are equally entitled, under the last section, to be deemed the successors in office of the Justice, the County Juga Judge must, by a certificate subscribed by him and filed in the office of the County Clerk, designate which Justice is the successor of a Justice going out of office, or whose office has become vacant.

one.

GENERAL

CHAPTER XII.

PROVISIONS RELATING TO JUSTICES' COURTS.

SECTION 919. Justices may issue subpoenas and final process to any

part of the county.

920. Blanks must be filled in all papers issued by a Justice,

except subpoenas.

921. Justices to receive all moneys collected and pay same

to parties.

922. In case of disability of Justice, another Justice may
attend on his behalf.

923. Justices may require security for costs.

924. Who entitled to costs.

925. What provisions of Code applicable to Justices' Courts.

may issue

and final

919. (§ 619.) Justices of the Peace may issue Justices subpoenas in any action or proceeding in the Courts subpoenas held by them, and final process on any judgment process to recovered therein, to any part of the county.

any part of the county.

must be

920. (§ 611.) The summons, execution, and every Blanks other paper made or issued by a Justice, except a subpœna, must be issued without a blank left to be filled by another, otherwise it is void.

921. (§ 633.) Justices of the Peace must receive from the Sheriff or Constables of their county, all moneys collected on any process or order issued from their Courts respectively, and all moneys paid to them in their official capacity, and must pay the same over to the parties entitled or authorized to receive them, without delay.

filled in all issued by

papers

a Justice, except subpoenas.

receive all

Justice to moneys and pay parties.

collected,

same to

In case of of Justice, Justice

disability

another

may attend

his

behalf.

922. (§ 612.) In case of the sickness or other disability, or necessary absence of a Justice, on a return of a summons or at the time appointed for a trial, another Justice of the same township or city may, at on his request, attend in his behalf, and thereupon is vested with the power, for the time being, of the Justice before whom the summons was returnable. In that case, the proper entry of the proceedings before the

Justice may require security

for costs.

Who entitled to costs.

What provisions

of Code

attending Justice, subscribed by him, must be made in the docket of the Justice before whom the summons was returnable. If the case is adjourned, the Justice before whom the summons was returnable may resume jurisdiction.

923. (§ 634.) Justices may in all cases require a deposit of money or an undertaking, as security for costs of Court, before issuing a summons.

924. The prevailing party in Justices' Courts is entitled to costs.

925. Justices' Courts being Courts of peculiar and limited jurisdiction, only those provisions of this Code to Justices' which are, in their nature, applicable to the organiza

applicable

Courts.

tion, powers, and course of proceedings in Justices' Courts, or which have been made applicable by special provisions in this Title, are applicable to Justices' Courts and the proceedings therein.

How commenced.

TITLE XII.

PROCEEDINGS IN CIVIL ACTIONS IN POLICE COURTS.

SECTION 929. How commenced.

930. Summons must issue on filing complaint.
931. Defendant may plead orally or in writing.

932. Trial by jury, when defendant is entitled to.

933. Proceedings to be conducted as in Justices' Courts.

929. (§ 636.) Civil actions in Police Courts are commenced by filing a complaint, setting forth the violation of the ordinance complained of, with such particulars of time, place, and manner of violation as to enable the defendant to understand distinctly the character of the violation complained of, and to answer

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