of

suing; nor induce persons to

prosecution.

note, or other demand or cause of action, for the purpose of for purpose commencing any suit thereon before a Justice; nor shall any place demands in Justice or constable, either before or after suit brought, lend their hands for or advance, or agree to lend or advance, or procure to be lent or advanced, any money or valuable thing, to any person in consideration of, or as a reward for, or inducement to, the placing or having placed in the hands of such Justice or constable, any debt, demand or cause of action whatever, for prosecution or collection.

purchase ju dg.

(3888.) SEC. 236. No Justice of the Peace shall purchase, Justice not to directly or indirectly, or be interested in the purchase of any ment rendered judgment rendered by him.

by him.

violation of three

tions.

(3889.) SEC. 237. Every Justice or constable, offending Punishment for against either of the provisions of the three last preceding sec-preceding seetions, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding six months, or both such fine and imprisonment, in the discretion of the Court; and every such conviction shall operate as a forfeiture of the office of the Justice or constable so convicted.

(3890.) SEC. 238. Every Justice of the Peace shall keep a what to be endocket, in which he shall enter :

1. The title of all causes commenced before him;

2. The time when the first and subsequent process was issued against the defendant, and the particular process issued;

3. The time when the parties appear before him, either without process, or on the return of process;

4. When the pleadings are made orally, a concise statement of the declaration of the plaintiff, the plea of the defendant, the further pleadings of the parties, if any, and the issue joined;

5. Every adjournment, stating on whose motion, and to what time and place;

6. The issuing of a venire, stating at whose request, and the time and place of its return;

7. The time when a trial was had, the names of the jurors returned summoned who did not appear, and the fines imposed. upon them, if any;

8. The names of the jurors who appeared and were sworn, the names of the witnesses sworn at the request of either party, stating at whose request; the objections, if any,

tered in Justice's docket.

1 Doug. Mich.,

502

Items to be entered under title

late.

made to the competency of a witness, and the decision thereon;

9. The verdict of the jury, and when received;

10. The judgment rendered by the Justice, and the time of rendering the same;

11. The time of putting in any stay of execution, and the name of the surety or sureties therefor;

12. The time of issuing execution, and the name of the officer to whom delivered;

13. The return of every execution, and when made;

14. The fact of an appeal having been made from any judgment rendered by him, and the time when made;

15. The fact of his having given a transcript of the judg ment to be filed in the Clerk's office, and the time when the same was given.

(3891.) SEC. 239. The several items in the preceding section to which they re- enumerated, shall be entered under the title of each cause to which they respectively relate; and in addition thereto, the Justice may enter any other proceedings had before him in such cause, which he shall think it useful to enter in such docket.

Original entry evidence be

tice.

(3892.) SEC. 240. Whenever it shall become necessary in fore same Jus- any action or other proceeding before a Justice of the Peace, to give evidence of a judgment or other proceeding had before him, the original entry of such judgment or other proceeding, or a transcript thereof certified by him, shall be good evidence thereof before such Justice.

Certified trans

cript of judgment,

(3893.) SEC. 241. A transcript from the docket of any Jusetc., evidence. tice of the Peace, of any judgment had before him; of the proceedings in the cause previous to such judgment; of the execution issued thereon, if any, and of the return to such execution, if any, when certified by the Justice having control of such docket, shall be evidence to prove the facts stated in such transcript.

Other proof of proceedings be fore Justice.

(3894.) SEC. 242. The proceedings in any cause or matter, had before a Justice, may also be proved by the oath of the Justice; and in case of the death or absence of the Justice, they may be proved by producing the original minutes of such proceedings, entered in a book kept by such Justice, accompanied by proof of his handwriting, or they may be proved by producing copies of such minutes, sworn to by a competent witness, as having been compared by him with the

original entries, with proof that such entries were in the handwriting of the Justice.

(3895.) SEC. 243. Every Justice shall carefully preserve and Justice to le file all affidavits and papers delivered to him to be filed in

cause.

and preserve any papers.

ments, etc.

may deliver pa

other Justice,

(3896.) SEC. 244. Every Justice shall keep an alphabeti-Index of judg cal index of all judgments entered in his docket book, in the course of any judicial proceedings had before him, in which . shall be inserted the names of the parties to each judgment, and the page of his docket where such judgment is entered. (3897.) SEC. 245. If any Justice of the Peace shall be when Justice absent when there shall be pending before him any matter or pers, etc., to ansuit undetermined, he may deliver over all the papers relating who may proto such matter or suit, with a minute of his proceedings therein, to some neighboring Justice of the same city or township, who may thereupon proceed to hear, try and determine such matter or suit, in the same manner as if such matter or suit had been commenced before him, and with like effect; but the parties to such matter or suit, their agents or attorneys, shall be notified of such transfer, previous to any hearing or trial of such matter or suit.

ceed thereon.

elected, proceed

to continue with

(3898.) SEC. 246. When the same Justice shall be re-elected When Justice reand qualified to fill the vacancy occasioned by the expiration ings before him of his own term of office, his authority shall be considered as out interruption having continued without interruption; and all business commenced by or before him during his former term of office, may be prosecuted and completed in the same manner as if such former term had not expired.

deliver books and

cessor.

(3899.) SEC. 247. When the term of office of a Justice shall When Justice to expire, if his successor shall be elected and qualified, he shall papers to forthwith deliver over to such successor all the books and papers relating to his office as a Justice of the Peace.

etc., to be deliv

(3900.) SEC. 248. Whenever any Justice shall be removed When books, from office, or shall remove out of the township or city in ered to Clerk. which he was elected, or his office shall in any way become vacant, except by death, if his successor in office be not elected and qualified, such Justice, or the person in whose possession the same may be, shall, within ten days after such vacancy shall happen, deliver to the Township or City Clerk, all the books and papers in his custody relating to his office. as a Justice of the Peace; and whenever such vacancy shall happen by the division or any alteration of the boundary of a township or city, said books and papers shall be delivered to

On death of Justice, books, etc.,

to Clerk.

the Clerk of the township or city, in which is the last place of residence, prior to such vacancy, of such Justice.

(3901.) SEC. 249. In case any Justice shall die, and any to be delivered books or papers belonging to such Justice in his official capacity, shall come to the hands of any person, the Township or City Clerk may demand and receive such books and papers from the person having the same in his possession; and it shall be the duty of every such person, within ten days after any such books or papers shall come to his possession, whether demanded or not, to deliver the same to the Township or City Clerk.

Clerk to deliver

books, etc., to

the township or

tice.

(3902.) SEC. 250. Whenever any Township or City Clerk Bome Justice of shall receive the books and papers of any Justice of the city, and give no- Peace, as hereinbefore provided, he shall, within ten days from the time he received the same, deliver them over to some other Justice of the same township or city, and give notice thereof.

Notice what to specify.

Justice to whom books, etc., are

tinue proceed

ings.

(3903.) SEC. 251. Such notice shall specify the name of the Justice whose books and papers shall have been so delivered, and to what Justice, and when the same were delivered by such Clerk, and shall be posted up in three of the most public places in such township or city.

(3904.) SEC. 252. Whenever the office of any Justice shall delivered to con- become vacant by resignation, removal or otherwise, and there shall be pending before him any matter or suit undetermined, and the books and papers of such Justice shall be delivered over to any other Justice of the city or township, pursuant to the foregoing provisions, the Justice to whom such books and papers shall be so delivered, shall proceed to hear, try and determine such matter or suit, and to issue execution thereon, in the same manner and with the like effect as he might have done if such matter or suit had been originally commenced before him.

Justice receiving books, etc., may

(3905.) SEC. 253. The Justice to whom the books and issue execution. papers of another Justice shall have been transferred, as hereinbefore provided, may issue execution upon any judgment appearing upon the books so transferred, in the same manner, and with the like effect as if such judgment had been rendered by him.

When ex-Justice

to make return to appeal.

(3906.) SEC. 254. Whenever an appeal shall be duly made from a judgment rendered by a Justice while in office, either before or after the Justice shall have gone out of office, and before or after his books and papers shall have been delivered

to the Clerk of the township or city, or to his successor in office, it shall be the duty of such Justice to make return to such appeal, in like manner as if he were in office at the time of making such return.

ceiving books, turn to appeal.

(3907.) SEC. 255. If a Justice to whom a notice of appeal When Justice reand bond or recognizance shall have been duly delivered, as etc., to make rehereinbefore provided, shall die, become insane, remove out of the State, or abscond, so that the return of such Justice to the appeal cannot be compelled, the Justice to whom his books and papers shall have been transferred, shall make and file with the Clerk of the Circuit Court a transcript of the docket of the cause, together with all the papers relating thereto, and the Circuit Court shall proceed thereon in the same manner as if return had been made by the Justice who rendered the judgment therein.

five days to ap

cases, after

etc.

(3908.) Sec. 256. If before the expiration of the time limited Parties to have for appealing from any judgment rendered by a Justice of the peal in certain Peace, the term of office of such Justice shall expire, or his transfer of books, office otherwise become vacant, either party conceiving himself aggrieved by such judgment, may, within five days after the books and papers of such Justice shall have been transferred to another Justice, pursuant to the foregoing provisions, deliver a notice of appeal and bond or recognizance to the Justice having control of such judgment, and pay him the fee hereinbefore provided; and such Justice shall, within ten days thereafter, make return to such appeal in the same manner, and with the like effect, as if the judgment appealed from had been rendered by him.

case return to

compelled.

(3909.) SEc. 257. If for any cause a return to an appeal can- Proceedings in not be compelled, the Court to which such appeal shall be appeal cannot be made, may receive the affidavits of witnesses and of the parties, to the facts and circumstances of the proceedings, and of the judgment appealed from, and shall proceed thereon in the same manner as if such facts had been returned by the Justice whose duty it was to make return to such appeal.

turn when Justice removes to an

(3910.) SEC. 258. If any Justice whose duty it shall be to compelling remake return to any appeal, shall, before making such return according to law, remove out of the county into any other other County. county in this State, the Court to which such appeal shall be made, shall have power to compel a return of such appeal in the same manner as if such Justice had not removed.

(3911.) SEC. 259. Every Justice who shall issue any process Justice may emauthorized by this chapter, whenever he shall judge it expe- serve process.

power person to