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Session Laws, 1852
Volume 615, Page 244   View pdf image
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E. LOUIS LOWE, ESQUIRE, GOVERNOR.

1852.

not exceed one hundred dollars; to all suits on bonds,
with penally exceeding one hundred dollars, and con-
ditioned for the payment of money, where the sum due
and claimed does not exceed one hundred dollars; to
all actions of replevin, where the value of the thing in
controversy does not exceed one hundred dollars, and
which value shall be ascertained by appraisers, sum-
moned and sworn by the sheriff, or other officer to
whom, the writ of replevin is directed; and to all
cases of attachment against non-resident or absconding
debtors, where the sum claimed shall not exceed one
hundred dollars; but no justice of the peace shall have
any jurisdiction in actions where the title to land is in-
volved, nor in actions for slander, for breach of promise
to marry; or to enforce any lien for work or materials
done or furnished.

CHAP. 239.

SEC. 2. And be it enacted, That in all actions of
replevin and of attachment, the proceedings before jus-
tices of the peace shall be similar to those in the sever-
al Circuit Courts of the State; but no special pleading
shall be required before justices of the peace.

Actions of re-
plevin and at-
tachment.

SEC. 3. And be it enacted, That from all judgments

of justices of the pence, the parly or parties aggrieved
thereby shall be at liberty to appeal to the court, hav-
ing jurisdiction to hear such appeal, at any time within
sixty days after the rendition of any such judgment ;
And all appeals shall be docketed and summons for the
appellee issued by the clerk of the proper court, im-
mediately on the filing of the papers in his office; and
no petition shall be necessary in any case; and if the
summons shall he returned summoned, and the papers
shall have been filed ten days previous to the com-
mencement of the then next term of the court, the case
shall stand for trial at the first term, but if the papers
are not filed within that time, the case shall not stand
for trial until the next term; but no appeal shall stay
execution unless an appeal bond, with approved and
sufficient security, he filed with the justice; and on the
parly signifying his intention to appeal, it shall be the
duty of the justice of the peace to enter the appeal
with the date thereof upon his docket, and to transmit
the papers in the cause to the clerk of the proper court.

Right of ap-
peal.

SEC. 4. And be it enacted, That in all cases where
the amount claimed, or the thing in action exceeds the
sum or value of fifty dollars, and justices of the peace
have jurisdiction, the several circuit courts for the coun-
ties of this State, shall have jurisdiction concurrent
with justices of the peace

Concurrent
jurisdiction.



 
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Session Laws, 1852
Volume 615, Page 244   View pdf image
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