The Wyandot pioneer., July 28, 1853, Image 1

About The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868

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VOL .1, NO. 14.
UPPER SANDUSKY, OHIO, THURSDAY, JULY 28. 1853.
WHOLE NO. 397.
Ki
.-
,.t .,rLOVE SONG.
Olil for an hour, wlun the day iS breaking,
. Down by the shore, 'when ike tide la making!
Fair as tlio white cloud, 1hou,love, near me;
' Xono but the wave and thyself to hearme.
OU! to my breast how these arms w ould press
.AVtlme; ... - , ; ..... . ..'
Vraiy my heart in ita joy would bless thee;
Oh! how the soul thou hast w on would woo thee
Girl of the snow-neck, closer to nicl
5h! for nn hour as the day advances,
(Out whero the breeze on tlie broom-brush
. Vdiincos) '
Vntching the lark, with the sun ray o'er us,
Wring the notes of his heaven taught chorus
Oh! to be there, and iy love before inc,
" Soft a a moonbeam' smiling o'er me; '
Thou uronld'rt but love, and I would woo thee;
. tJirlof the dark eye, closer to me! . t
Oil! for an hour when the svmirst found us,
, (Out iu the eve with ha red sheets round u)
Brushing the dew from the gale's soft winglote.
Pearly and sweet with thy long dark ringlets,
Oh! to bo .there on a sward beido thee, .
" Telling my tale, though I know you'd chide
me; . - r :
8weet were thy voice thonh ithouhr-uudo me;
Girl of the. dark looks, closer tbmc! ";
Oh! for an hour, by nigh.t or by day, love,
' J u.st as the heavens and thou might say, love;
Fur from the stars of the cold-eyed many, " "
Bound in tho breath of my dove-'souled Nany!
OhJ for the pure chains that have Ixmnd inc; .
'Warm from thy red lips circling rouudme;
Oh! in my soul, n.i the light above me,
' Queen of the pure heart3, do I love thee!
-From tho Illustrated Family Friend.
A BRIDEGROOM'S PROBATION.
. - i , i ''.'. -
, , OK, .
' T1IE HArrf ESCAPE.
A young Englishman, from gaming,
loytf-affiiirs, and other such gold-scattering
enjoyments, had so . n( arly reached
the dregs of his great-grandfather's here
ditary portion, that he could calculate the
departing hour of his last guinea. As.
one evening he was returning home from
one of-those haunts of dissipation which
he habitually frequented, feeble in body
as in mind, and for the first time in his
life, casting a firm look upon the ruin of
his fortune, he could not well determine,
whether he should end his troubles by
drawing a triger, or throwing himself v in
the Thames. r - r
While he thus wavered between fire and
water, the very profound idea occurred to
him not to lay violent hands "upon him
self to be conducted out. of the labrinth
of poverty by the fair hand of some weal -
my. onii wuuwus conwung uiougr.t
l 1 1 ' . il .!. ! il
nal visions the rapid races flew, the fair
girls frisked around him, both, of which
Jie fras happy in thinking he. mightlfmaift
tain in future , upon the dowry of his
wife. "
On the following morning .he reflected
anew upon his plan, and found it unexcep
tionable in every point excepting the very j
flight circumstances of not knowingwhen
or where he was to find the rich heiress
he wanted. - In London, where all the
world regarded him . as a spendthrift, it
was not one to be thought of; he saw
that for the future he must throw his
nets elsewhere. '
. After much cogitation and searching,
he at last hit upon an old rich colonel,
living upon his own estate, about twenty
miles from the capital, who fortunately
had no acquaintance in London, and was
the father of an only daughter. '
.Into the house of this gentleman, by
means of a friend, to whom he promised
half the booty, he got himself introduc
ed and received. The ; daughter ; of the
colonel was an awkward country girl,
with round chubby cheeks like Ruben's
cherubins, and looked particularly . odd
in the hand-me-down attire of her saint
ed mother, which did not at all fit her
and was of course not of the most fash
ionable cut. Her mind; to; was as at
tractive as her attire; she could only talk
of hens and geese: and when any other
topic come above-board; her conversation
was limited to a 'yes, ye,' or a-nOj no,'
all beyond this seemed to her sinfnl.
.This wooden puppet was indeed a migh
ty contrast to the sprightly, gay, and live
ly nymphs with whom the young v Briton
had, until this period, been toying: but he
carefully confined to the solitude of his
own bosom the disagreeable feeling of
this heaven-and-earth distant .difference.
His flattering tongue called the girl's sil
liness celestial innocence, and red, swool
len checks, he likened to the beauty of
the full-blown damask rose. The end of
, the 6ong was, he 'turned to the father!
and sued -warmly for . the daughter's
hand., ,
The. colonel, during, his sixty years'
career through the world, had collected
this much knowledge of mankind, that
C3
however slyly the young man had mask
ed himself, he could, neverthless, dis
cover the fortune-hunter peeping through
the -difjguisc. At first, therefore, he
thought of peremptorily refusing him
permision to woo his daughter; but on the
other hand, bethought 'the youth is fash
ionable, and perhaps, I may be doing him
injustice; he, as yet betrays no anxiety a
bout the portion, and why should the girl,
who is marriageable, remain longer at
home? His request shall be granted,
but his ' apparent disinterestedness shall
. jitand a decisive trial.'
The suitor was then informed that the
father had no objections to. tho match,
provided that his daughter would give
her consent; and she poor . thing, replied
1m in duty bound 'My father's will is
mine.' . Indeed could any thing else be
expected?
; In the course of a few weeks, the mar
riage ceremony was performed at tli c
country-house of the colonel: And he in
stantly made 'his son-in-law acquainted
with his wife's portion, amounting to
thirty, thousand dollars. : The dissembler
acted as if he wished to know nothing a
bout the matter, and solemnly vowed that
he had not, as yet, thought on such things
but had regarded only the noble quali
ties of - his charming wife, - whose pure
self was (Jcarer to him than all the trcas
uers of the world.
Upon this they sat .down to a taolc; and j , . . i1 ei
1 . , , , J or his agent, immeduitcly thereafter, issue
the father-in-law urged and begged that 1 , 4l , '
, , 00 an order, thereby commanding any con-
they would make as much haste ' as pos-j . , t , ml ,
. .i ! stable to whom the same may be directed
siblc, as it was Jus intention that the , ,
. , . . . , L or delivered, to expose such property to
young married people should set off that , ... . 1 . . r r ,.
J . T i i'i , n 'sale: whicli sale and the proceedings
afternoon for London, that he should ac- ,., : , ,, . A. .
I thereon, shall be the same as it such
company mem,
. The son-iu-law was confounded, and
j began to make some excuses about travel
ling on the first day of his happiness; but
the soldier maintained that these were fu-. permits the party against whom' the exe
tile, assuring him that he had particular j coition issued to retain the possession, Is
reasons for proceeding ft rdiwith to the j hereby authorized to take such security
capital, and that his matrimonial joys j for his own indemnity as he may require,
would be as vrcll realized in London - as J that such property shall be delivered at
as m the country. What was to be done I
Why the journey was immediately under
taken. ; The old man secured in a small
casket, before "the eyes of the bridegroom
the portion of the bride, partly in gold
and partly in bank notes, took it under his ;
arm, and placed himself by the side of
the joung people in the carriage.
;The road ran through a forest, -and j gainst the landlord or tenant, the interest
scarcely had they fairly entered it,- when of sucJl landlord or tenant, against whom
two horsemen darted out from the brush-! suh process was not issued; shalTnot be
wood, with masks upon their faces, and , affected thereby but the same may be sold
stopped the carriage. - One of the persons subject to the claim or interest of the
watched the postillion with a presented , landlord or tenant againstwhom such pror
pistol, while the other approached the j cess did not issue.
coach window, and said, 'We are adven-j Scc- 181. In cases where the constable
turers, & request you to give us up instan-; saiI make it appear to the satisfaction of
tly the portion of the bride!' - '. j the justice, that he has been deprived of
The colonel and hfs son-in-law swore j an opportunity of levying an execution
and ranted, but the robber coolly insisted -; within the time prescribed by this act or
upon his demand. " After some parleying, : otherwise prevented from making the
however, the horsemen bent towards the ; whole of the money j therein required to
young man, and whispered in his ear, ; be made, and shall make return to the
'That you may see we are most reasona- Justice who issued the same to that effect
ble men, we leave you to the choice of puch J ustice is hereby authorized and re
two things give us either the bride or ; quired to' issue further : process of execu
her portion; for certain reasons it is quite tion, for the amount or balance remaining
immaterial to" us, and, moreover, no one 1 unsatisfied; which shall be served and re--shall
ever know vour decision.' 1 turned, in all respects as other executions
. The bridegroom did not think long about!
the niatter, for he whimpered, 'Take the t
iniide -'JjroMier ' cneci tlie rooDer :o ins i
1 1 I ' T-v ,1 . "1,1 "11 i t'
accomplice, 'we shall take the bride!'
In the twinkling of an eye the soldier
seized his gentle son-in-law bv the neck,
shook him violently, and exclaimc'd with a " elected and qualified,
thundering voice, 'Ha'. villian! so my j Sec. 183. Every constable, before he
conjecture was not unfounded, that you enters upon the duties of his office, shall
cared not for my daughter, but merely for j take an oath, or affirmation, before a per
her fortune! God be praised. that my j son authorized to administer the same,
child and my money are not irrevocably j to support the Constitution of the State
in you clutches! Know, then, knave! the
man who married you Avas no clergyman,
he was a brother in priest's attire; and
these gentlemen are no highwaymen, but !
friends who have done me the service of
proving you. -' bmce, tnen, you nave laid
open your whole vileness, we shall have take the "oath of office,' shall, give an un
no more connection. I shall return home dertaking to the State of Ohio, ma sum
vrith my daughter and my money, and j not exceeding two thousand dollars, nor
you may go to London or to the devil!' less than five hundred dollars, J with one
With these words he transplanted the : or more sureties resident in the proper
astonished bridgroom with a kick from the township, such as trustees thereof shall
carriage to the road, and ordered the j approve, conditioned, for the safe-keep-p"ostillion
to turn about. The outlaw j ing, and paying over to the proper person
trudged back to London, and had, while for authority, all moneys which may be
upon the road, the fairest and .best i
opportunity of determining whether he j
should now use a pistol, or throw himself
into the river.
Trying Situation for - a Mother.
A few days since a daughter of Mr. Isaiah
Sawtelle, of Belgrade, Me. about two
years old, fell into a well eighteen feet
deep. t :The mother was informed of . the
accident, but when she arrived tlie , little
one had sunk in four feet of water. She
ran to a neighbor's, twenty rods or more,
for assistance, but found none. Return
ing she lowered the well pole to the bot
tom and brought the child to the surface
it clinging to the pole with its hands.
The mother raised it a few. feet, when
the hold relaxed and it again sank.
Again she lowered the pole which coming
in contact with . the little hands, it was
taken with a death grasp, and the child
thus draAvn up 20 feet to its mother's
arms. Notwithstanding it was apparent
ly dead at the time, by proper exertion it
was restored to hie.
Japanese Marriages. A very singu
lar custom at the marriage of the Japan
ses is, that the teeth of the bride are made
black by some corrosive liquid. The
teeth remain black ever after, and serve
to show that the woman is married, or a
widow. Another circumstance is, at the
birth of every child, to plant a tree in the
garden or court-yard, which attains its
full growth in as many years as a man re-
auires to be "mature, for the duties of
marriage. When he marries the tree is
cut down, and tlie wood is made into chests
and boxes to contain the clothes and oth
er things which are made for the new
married couple. The Japanese, may mar
ry as often as they please: marriages with
sisters are prohibited; but they can mar
ry any other relative.
Anecdote of Cato. Cato, being scur
rilously treated by a low and vicious fel
low, quietly said to him: A contest be
tween us is very unequal for thou canst
bear ill-language with ease, and return it
with pleasure; to me it is unusual to hear,
and disagreeable to speak it.' ; .; .
LAWS OF OHIO.
riTLISIIED I1XAU T II ORITY.
Atf ACT.
. , COXCLUOKD.
Sec 173. Where a constable shall have
levied "on any goods and chatties which
remain unsold for want of bidders, or oth
er justice cause, it shall be his duty to re
turn with the execution a schedule of all
such goods and chatties. And the Jus
tice shall, unless otherwise directed by
till! TMU'tv Iir wlinni sni'li fv(iiitinn lciinr!
property had been sold on
the
original
execution. :
Sec. 179. Any constable having
L'Vl-
od on
goods
and chatties, of which he
the time and place appointed for the sale
thereof.
See. 1 80. In all cases where any lands
may have been let, reserving rent in
kind, and when the props or emblements
growing or by grown thereon, shall be
levied on or . attached, virtue of any exe
cution, attachment, or other process, a-
arc under this act.
ARTICLE XIII.
Vi r T .F" t.-
kjt vhsiawes ana their duties
Sec. 182. Constables shall be elected
for the term of one year, and shall con
tinue in office 'until their successors are
lot Oiao, and faithfully to discharge his
; duties as constable durino- his continuance
in office, according to the best of his" skUl
and ability.
Sec. 184. Every constable, within ten
days aitcr nis election, and before he shall
collected or received by him, or which
may otherwise come into his hands by
virtue of his office, andforthe due, honest
and faithful discharge; and performance
of all and singular, his duties as such
constable according to law, during his
continuance in officel
Sec.
185. When such undertaking shall
have, been given to the satisfaction of th
township trustees, the clerk shall make
an entry of -the same, and file the same in
his office. ' :' ' ,
Sec. 18G. Whenever a vacancy shall
occur in the office of constable in any
township by death, removal, resignation,
or non-acceptance of the person elected,
or where there shall be a failure to elect
the township trustees shall appoint a sui
table person to fill such vacancy until "the
next anual election for constable, and un
til a successor be elected and qualified.
Sec, 187. The constable so appointed,
shall take a like oath and give a like un
derstanding as is required in other cases
of constables. ' ";
Sec. 188. A Justice of the Peace may
appoint a constable or constables for a
special purpose, either in civil or criminal
cases whenever such appointment may
become necessary, in the following cases
1 When there is no constable in the
township:
2 In the case of disability of one of
the regular constables in the township:
3 Where the constable therein is a
party to the suit
4 -When from the pressure of official
business, the constables therein are not
enabled -to perform the duties required by
the office. .
The Justice making the appointment,
shall make a memorandum thereof on
his docket, and shall require the person
appointed to take an oath as required in
other cases.
; Sec. 189. The person so appointed by
the Justice, after taking such 'oath, shall
have the same authority be subject to
the same penalties and entitled to the
same fees as other constables.
Sec. 190. Such Justice shall stand as
surety, and shall be in that character liable
he and his surities, for any neglect of du
ty or any illegal proceedings' on the part
of such 'constable so by him appointed.
Sec. 191. All constables shall be' min
isterial officers in Justice's courts, in their
respective townships, in civil cases, and in
their respective counties, in criminal cas
es, and civil process may be executed by
them throughout the county under the
restric tions and provisions of the law.
Sec. 192. It shall be the duty of every
constable to serve and execute all war
rants, writs, precepts, executions, and
other process to him directed and deliver
ed and in all respects whatever to do and
perform'all things pertaining to the office
of constable.
Sec. 193. In discharging their duties
constable may call to their'aid the power
of the county, or suoh assistance as may
be necessary. :
Sec, 191. It shall b. the duty of every
constable to make due return of all pro
cess to him directed and delivered, at the
proper office on the proper return day
thereof, or if the judgment be docketed
in the Common Pleas, appealed or stayed
upon which he has an execution, on notice
to return the execution, stating- thereon
such fact. V
; Sec. 195.r It shall be the duty of every
constable, on the receipt of any writ or
other process,, (suepcena excepted,) to
not thereon the time oi receiving the j
same; he shall also state in his return on '
the, same, the time and manner of c-xecutr
ing it.
Sec. 19G. No constable shall make , a
return on any process' of "Not found,"
as to any defendant, unless Jie shall have
been once at least to the usual place of
residence of the defendant, if such defen
dant have any in the county.
teec. iy. it snail be me duty ot every
constable to apprehend on view cr war
r, , j - w f , 'alpabetical order oi the first letter of the
disturbers and violators of the criminal!,1 ., , ,
i p t c . ii -1 itamily names; he shall number the cases
laws of this State, to suppress all nots, J . ' . . , ,
tr - i r i it i-i progressively uporf his docket; and shall
aflTrsys unlawful assemblies, which may i1 ' '
" . , . , , , , . correspondingly number the papers m
come to las knowledge, and generally j ,,,,,, , . y
, i . i- . each case; he shall k,ecp the entire papers
keep the peace m his proper county. I. . . ' r , . 11
Sec. 1 93. In serving all profess either j ,n each actlon together, and m packages
civil or criminal, and in rloino-. his dnfiVsl01
generally, when not otherwise restricted
by lavv, the authority of a constable shall
exiend tnougnout tne wnole county in
which he may be appointed, and in cxe-
cuting and serving process issued by a
Justice of the Peace, he shall have and
exercise the same authority and power
over goods and chatties, and the persons
of parlies as is granted bylaw to a .sher
iff or coronor uEder 4ik-s process issued
from courts of record.
Sec. 199. . When it shall become the
duty of the constable to take the body of
any person to the jail of the "county he
shall deliver to the sheriff or jailor
a certified copy of the execution, com
mitment or . other process, whereby he
holds such person in custoay ; and return
the oriainal to tho Justice wto issued tLe
same; .wThich copy shall be.sufficiet .au-
Uority . to tlie. sneriff or iHilor to kcep
the prisoner in jail until discharged by. a
due course of law. ..
Sec. 200. Constables shall pay oer
to the party entitled thereto, all money
received by them in their official capacity
if demand be made by such party, his
agent or attorney, : at any time before he
i eturns the writ upon which he has re
ceived it; if not jaid over by that time,
he shall pay the same to the Justice when
he returns the writ:
Sec. 201. Constables shall be liable to
ten pe cent, penalty upon the amount of
damages for which judgment may be
entered against them for failing to make
return, making a false return, or failing
to pay over money by them collected, or
received in their official capacity, and
such judgment must include, in : addition
to the damages and . costs, the penalty
herein-provided.--" - . . - -,
ARTICLE XIY.
General Provisions.
202. The provisions of this act
Sec
entitled "An act to establish a code of
civil procedure," passed March 11, 1853,
which are in their nature applicable'., to
jurisdiction and proceedings before . Jus
tices, and in respect to which no special
provision is made by statue, are applicable
to the proceedings before Justices of the
peace.
Sec. 203. Every Justice of the Peace
must keep a book denominated a docket
which shall be furnished by the trustees
of the proper township, which must be
entered by him: : . . ,
1 The title of every action in which
the writ is served or when the parties
voluntarily appear.
2 The date of the writ, the time of
its return and if an order to arrest the
defendant or attach property was made,
such fact must be stated, together with
the affidavit upon which such order was
made:.
3 The filing of the bill of particulars
of either party and nature thereof, and
when not of too great length, the same
shall be entered at length on the docket:
4 which of the parties, if either of
them, appear at the trial. ' ;
5--Every adjournment, stating on whose
application, whether on oath, or consent
and to what time:
C -When trial by . jury is demanded,
the demand must be stated, and by whom
made, the names .of the jurors selected,
and the time appointed for the trial:
7 The names of the jurors1 who ap
pear and those sworn, the names of all
witnesses sworn, and at whose request:
8 The exceptions to the ruling of the
Justice on questions of law taken by ei
ther party:
9 The verdict of the jury, and when
received; if the jury disagree and are
discharged, that fact must be stated:
10 The judgment of the justice,
specifyingthe items of costs included, and
the time when rendered:
1 1 The issuing of execution and or
ders to sell when issued, and to whom,
the renewal s thereof, if any, when made
the return when made, and a statement
of any money paid to the Justice, and by
whom:
12 The giving of the transcript to be filed
in the clerk's office and when given:
13 If appeal be taken the undertak
ing and the time of entering into the same
jind.by which party taken:
14 The undertaking for stay of exe
cution, and time of giving the same.
15 The satisfaction of the judgment,
and the time of satisfying the same.
Sec. 204. The several particulars in
the last section specified, must be enter
ed under the title of the action to which
they relate, and at the time when oc
curcd (except that bills of exceptions,
in regard to the 'ruling on questions of
law or evidence,' need not be entered u'n-
til after the judgment unless required by
the Justice or onfi of tha arr.ins S,.l,
entries in a Justice's docket, or a trans-
-w V A .' f-I V. I 1
cript thereof, certified by the Justice or
his successor in office, shall be evidence
to prove the facts state therein.
Sec. 205. A Justice, must keep an al
phabetical index to his docket, in which
must be entered the names of the parties
to each judgment, with'reference to the
! page of the entry, the names of the plain
tiffs must be entered in the index in the
a pi operand convenient size, and
m
the order in which the cases are number
ed on his docket.
Sec. 2CG. It is theduty of every Justice
i upon the expiration of term of his office,
to deposit with his successor, his official
docket, as well his .own as those of his
predecessors, which may be in his custo
dy, together with all files and papers, laws
ahd statutes, pertaining to his office, there
to be kept as public records and property.
If .there be no successor elected and
qualified, or if the office become vacant
by death, removal from the township or
otherwise before his successor is elected
and qualified, the dockets and papers in
the possession of such Justice must be
deposited with the nearest Justice in the
township, if any there be, and if there be
none, then with the nearest; in the coun
ty, there to be kept until a successor shall
be chosen and qualified, then to be de- j
livered over to such successor on request. '
Sec. 207. A Justice receiving by suc
cession or on deposit any such docket,
papers and laws, shall, if requested give j
a receipt therefor to the . person from
whom he receives the same. '
Sec. 208. The Justice with whom the
docket of another may be deposited, ei
ther during a vacancy, or as the success
or is hereby authorized, while having such
docket legally in his possession to issue
execution on any judgment there entered
and unsatisfied, and ; not docketed in the
Court of Common Pleas, in the same
manner and with the same effect as the
Justice by whom the judgment was i ren
dered might have done, to take bail in
appeal, or for stay of execution to issuo
certified transcripts of judgments on such
docket, and proceed in all cases in like
manner, as if the same had been origi
nally had, or instituted before him.
Sec. 209. When two or more Justices
are, equally entitled to be deemed the
successor in office of a Justice, the trus
tees of the township shall designate which
Justice is to be deemed the successor of
the Justice going out of office, or whose
to o
office has become vacant, and shall en
ter a certificate in the last docket of .the
justice going out of office, or. whose office
is vacant, of their determination, before
the same is delivered to such successor. .
Sec. 210. In case of the sickness or
other disability or necessary absence of a
justice at the time appointed for trial anoth
er justice of the same township may, at
his request, attend in his behalf and shall
thereupon become 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 proceeds
ings before the attending justice subscrib
ed by him must be made in the docket of
the justice before whom the writ was re
turnable. If the case be adjourned trie
justice before whom the summons was
j returnable must resume jurisdiction.
Sec. 211. The summons, execution,
and every other paper made or issued by
a jnstice, must be filled up without a blank
to be filled by another, otherwise it is
void.
Sec. 212. A justice at the request of a
partjv and on being satisfied that it is
expedient, may specially depute any dis
creet person of suitable age, and not in
terested in the action, to serve a summons
or execution with or without an order to
arrest the defendant or to attach property.
Such deputation! must be in writing on the
pjocess. -
Sec. 213. The person so deputed has
the authority of . a constable in relation to
the service, execution and return of. such
process, and is subject to the same obli
gations, but there can be no fee for his
services taxed in the bill of costs.
Sec. 214. A justice may punish, as for
a contempt, persons guilty of the follow
ing acts; and no others:
. 1 Disorderly, contemptous, or inso
lent behavior toward the justice, tending
to interrupt the due course of a trial or
other judicial proceedings before him:
. 2 A breach of the peace, boisterous
conduct,' or violent disturbance, tending
to interrupt tlie due course of a trial or
other judicial proceedings:
3 Wilful resistance in the presence of
the justice, to the execution of a lawful
order or process made or issued by him:
Sec. 215. A warrant of arrest must be
issued by such justice, on which the per
son so guilty may be arrested and brought
before the justice when an opportunity to
be heard in his defence or excuse may be
given. The justice may thereupon dis
charge him, or may convict him for the
offence, and adjudge a punishment by fine
or imprisonment, or both; .such fine, not
to exceed twenty dollars, and such im
prisonment ten days.
Sec. 21G. .The conviction, specifying
particularly the offence and the judgment
thereon must be entered in his . docket, a
warrant of commitment to the jail of the
county until the. fine be paid, for .the
term of imprisonment, may then be issued
such warrant must contain in a transcript
of the entry in the docket, and the same
must be executed by any constable to
whom it may be given, and by v the jailor
of the county. . . .- -; .
Sec. 217. -.When a person intending to
bring an action before a-justice .-of the
peace is a non resident of the township
in, which he intends to . commence such
action the justice may, previous to his
issuing process, require such person to
give security for the costs of suit, which
may be done by depositing a sum of
money deemed by the justice ; to . be suf
ficient to discharged, the costs that may
accrue in the action, cr by giving an ; un
dertaking with surety, approved by the
justice, payable to the adverse : party, for
the payment of all costs that may accrue
inthe action. :. 1 :
Sec. "218. If any plaintiff or plain tifFs
after commencing an action before a jus-;
tice in the township in whicli he or they
reside, remove out of , the : county, the
justice may require, such plaintiff or plain
tiffs to deposit a sum of money equal to
the costs that have accrued and that pro
bably will accrue, or. require in - place
thereof that such party give sufficient
surety for all costs which have accrued or
which may accrue in action, and in de
falt to do either shall enter .a "non-sun? a
gainst the plaintiff-or plaintiffs. . '
Sec. 219. That in all actions instituted
before a justice of the peace found upon
any bond, scaled bill, promissory note, or
other instrument of writing for the pay-
ment of a sum of money certain, upon
which the whole amount of money therein
promised is due, it shall be . the duty of
the plaintiff, his agent or attorney, to file
said bond, sealed bill, promissory note, , or
other written evidence, of indebtedness,
upon which such suit is brought with such
justice of the peace; and if upon the trial
judgment shall be entered thereon, in fa
vor of the. plaintiff; such bond, sealed bill
promissory; note, or instrument of '.writing
shall be retained by the justice so render
ing judgment, who shall endorse thereon
the sum for. which .he. shall have entered
judgment, (provided that the same shall
in nowise exceed one hundred dollars, un
less judgment thereon shall- have been
confessed,) and shall subscribe his name
thereto. And upon payment or tender
of the amount of such payment, together
with the costs accruing thereon, or secur
ing the payment of. the same by- putting
in bail, or. the stay of execution, it shall
not be lawful for the plaintiff to institute
any other suit or suits upon said bond,
sealed bill, promissory note, or . other in-
strument of writing for .the recovery of
any farther sum or sums, the payment of
which L? secured by the same bond, seal
ed bUl, promissory note, or other written
evidence , of indebtness; , Provided, that
when an appeal shall be taken from the
judgment of such justice,-, it -shall be his
duty to deliver or transmit any bond, seal
ed bill, promissory note, or other written
evidence, produced before him on trial to
Che clerk of the court of common pleas,
to which such cause shall have been ap
pealed, on or before the second day of the
term of the court next after taking such
appeal; Provided, also that nothing
herein contained shall be construed to les
sen or in anywise affect the right which
any creditor now have to demand from
an justice of the peace, any joint and
several obligations for the purpose of pro
secuting any party to said obligation oth
er than the party against whom judg
ment may have been rendered. ' '
Sec' 220. It shall not be lawful for any
justice of the peace to purchase, any
judgment upon any docket in his posses
sion, and for so dom? for every such of-
fence such justice shall forfeit and pay a
sum not more than fifty nor less than ten
dollars to be recovered by arr action be
fore any court having jurisdiction thereof,
and when collected shall be paid into the
treasury of the township where such of
fence wras committed, , i
Sec." 221. Theprovj of this act $0
not apply to proceedings of in actions, or
suits pending when it takes effect! " They
shall be conducted to final judgment and
determination in all respects Jas'if it had
not been adopted.' ' ;' '
, . ARTICLE XV;1 r
See. 222. The act defining the powers '
and duties of justices of the; peace' and
constables, past March 141853,rand acts;
amendatory ; thereto," passed ' December
'311631, Febi-uary 25,1833, March 3 .
1834, March 12, 1844, February 17
1846, February 8, .1847,- February 24,
1 843, March 23t 1 849, the act allowing ?
jurors before justices of the peace, passed .
February 14, 1840, and acts .amendatory
thereof passed March 4, 1845(-February,
23, 1846, the act allowing and regulating
attachments before: justices of the. peace
passed January 7, 1824, and acts amend-;
atory thereof, passed January 16, 1839, ;
February CLh, and March 14, ? I860,, the ;
act to revive certain acts therein named,
passed March 12, 1845, sections one, five
and six, of an .act to regulate proceedings
before justices of the peace,' passed March
24, " 1 849,uid an act defining the duties
of the justices i of the peace and consta
bles in civil cases; passed March; 25, 1851"
the act entitled an act irb regulate the "ac-
tion of forcible entry and detainer, passed
February, 25, 1.831,' and acts amendatory
thereof passed February 23,1835, March
13, 1843, January 22, 1844; January J5, r
1845, . February :27, : 1846, ' March 19,
1 850, the 4th, section of an act for . the v
protection of purchasers, at judicial; and
tax sales, and an act amendatory, thereof..
passed February 5, 1847, the act 'allow- -ing
and regulating writs of. replevin 'be
fore justices of the peacepassed 'Febru- .
ary 14," 1846, and the acts supplementary..;
thereto, passed March 14, 1850 be, and
the same are hereby repealed. -'-i " -v-
-Sec223, This act shall take affect and ?
be in force fronfand after the first day of j
July, one thousand eight hundred and fif-,:
ty- three. "."'- - - '- ; : -' - ,
' ' ' JAMES c. JOllkspX, ;'":'-"!
Speaker of the Hou?e of Represetatives. , ,'"
" - rj ' ' ' GEORGE REX, f
: Speaker of the Senate pro 'tern
March 14, 1853' "v-- ': ' r":'J."1..' V'''
Auditor's Office, " WYaxdot Co. j
Co.) ; " '
Upper Sandusky, July 3 1, 1 853,
I do hereby, certify that 1 r have read
and .compared the? above . law . with , the
copy on file in .this office and find it cor
rect.. - .:... . .- v
CHESTER. R. MOTT, 'Auditor. . ,
- Where was the Declaration" of In-.
defence Written! This is; a ..question
which has excited much discussion'. The
following letter from Jefferson settles the
question. The house he designates is at -the
corner of Seventh and High (or Mar
ket) streets, Philapelphia, the ..lower sto- L
ry of which is now, occupied as " a cloth
ing store, and the upper stories as a print
ing office: ' ' ;' -r: ": -'': : ' - .'''' ' '
MoxTiCELLo,, Sept. 26,-1825. -: .
To Dr. James Mease, Philadelphiar ' ! ' '
Dear Sir; It is not for me to estimate
the importance of. the circumstances con--
cerning which your letter of the 8lh:
makes inquiry. They prove; even in their ;!
minuteness, the sacredattachraents of our .
fellow-citizens to the event of VhicK ' the
paper of July 4, 1776,' was "but the dc-
claration, the genuine effusion of the soul ,
of our country at that time. Small things
may; perhaps, ' like tlie relics of saints, -help
to nourish our devotion ip this holy -bond
of our Union, and keep it longer ,
alive and wared" in our' affections. V-This',
effect may give importance to circumstaii
ces however small. : ." t
In the of writing that . instrument, I .
lodged in the house of a Mr.. Graaf, a new t .
brick house three stories high, of which! '
rented the 2nd floor, consisting of a par
lor and bed room, furnished. In that par-
lor I wrote .habitually,- and in it wrote. :.
this paper, particularly, -. So far I state ::
from written proofs , in my possession.
The proprietor, Graaf; was a young man,;'
son of a German, and then 'newly. mar-'"
ricl. I think he was a bricklaj-er, .nd y i
that his house was on the South of -Mar-
ket street, probably between -7th and ,"
8th streets, and if not the onlv Sbuseoh'
that part of the street, I : am sure there' V
were few others near it.l, I haye some
idea it was a corner house,, but no -Other -recollections
throwing light on the ques- . '
tion, or worth : communication. ;I am ill, r
therefore only add my assurance of my
great respect and esteem ."... K ; " ; ;
.. -.: ,., : . Taos. Jeffer'sojt.
A Difference of Opixiox. A lady'
paSsing along the streets of a Northern
city, noticed a little boy who was scatter-
ing salt on the side-walks for the purpose ; 1
of clearing off the ice, which was very '
slippery. U : : . - '' -.; ' -'
Well, I'm sure,'; said .the- lady, 'this is - '
real benevolence.' - " '" -: t j
- 'So, it aint, ma'am.' replied the boy,""
'it's salt,' . ' -" ,-'
Best things. A firm faith is the best ...
religion; a good life the best philosophy; .
a clear conscience. the best law; honesty'
the' best policy; and temperance the best J
physic." '' 1 - - ' ' " :
- Ambition. Ambition ; often puts nien';
upon" doing the? meanest offences: so
climbing is performed in the same postura
with creeping, - V V ':iT'-'i:
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