FRANCIS THOMAS, ESQUIRE, GOVERNOR.

1841.

plaintiffs, his, her or their agent or attorney, to make out a
true copy of any judgment, upon which copy, any justice
of the peace of said county, may issue execution as is now
provided by law, in case of the resignation, removal from
office, or death of a justice of the peace; and it shall further
be the duty of the said clerk, upon the application of the
plaintiff or plaintiffs, his, her or their agent or attorney, to

CHAP. 59.

Justice of the
peace may is-
sue execution

issue execution upon all judgments, directed to the sheriff of
said county, and returnable to the next succeeding term of
Kent county court, in like manner and by like process, as it
the said judgment has been originally recorded in said coun-
ty court.

Clerk to issue
execution

Sec. 4. And be it enacted, That in all cases where writs
of capias ad respondendum, attachment, capias ad satisfa-
ciendum or fieri facias, issued by either of the said district
courts, may be in the hands of the sheriff, or any constable
of said county, and not returned, it shall be the duty of the
said sheriff or constable, as the case may be, to return the
same to the next succeeding term of Kent county court; and

Writs to be
returned to
county court.

the clerk of said court, shall docket the same, and such pro-
ceedings shall be had thereon, as if the said process had
originally issued out of said county court.

Clerk to
docket

Sec. 5. Be it enacted, That from and after the passage
of this act, all single justices of the peace in and for Kent
county, shall have jurisdiction over and may take cogniz-
ance of all cases, and in like manner, as they now have ju-
risdiction, where the debt or damages laid or claimed, do
not exceed the sum of one hundred dollars, exclusive of
costs and interest; and that in all cases heard, adjudged and
determined, before any single justice of the peace, when the
debt or damages adjudged and determined to be due, exceed
the sum of fifty dollars, they are hereby authorized and em-
powered to charge double the fees now allowed by law to

Single justice
to have juris-
diction in all
cases below
100 dollars

single justices of the peace in like causes; and that each
party shall have and exercise the same right of appeal to the
county court, and in the same manner as is now allowed
from the judgment of single justices of the peace.

Right or ap-
peal

Sec. 6. And be it enacted, That they shall have jurisdic-
tion over and lake cognizance of all cases of replevin, where
the value of the property in dispute, when appraised, on the
service of the writ of replevin, as hereinafter provided, does
not exceed the sum of one hundred dollars, in which action
of replevin, the said single justice may, besides adjudging a
return of the property, award damages, as in a county court

Justices of the
peace to have
jurisdiction in
cases of re-
plevin

may be recovered in cases of replevin; provided however,
that whenever a writ of replevin shall be demanded from
any justice of the peace, according to the jurisdiction herein
given to single justices of the peace, it shall be the duty of

Proviso