Page images
PDF
EPUB

3. Excepting as aforesaid, actions cognizable in a Parish Court may be brought by and against all persons, including Attorneys of the Supreme Court.

4. Where a Commissioner is of affinity to either party, or. is in any way interested, the action may be brought in the Court of any disinterested Commissioner of another Parish in the County.

5. No Commissioner shall hold a Court for the trial of any action under this Chapter unless the plaintiff or defendant, or some one of the plaintiffs or defendants, resides in the Parish in which the Commissioner resides; and no Commissioner shall bold a Court for the trial of any action under this Chapter in any other Parish than that in wbich the Commissioner resides and for which he has been appointed, except as hereinafter provided.

6. Every cause shall be tried and determined in the Parish Court out of which the process issued, but if any Commissioner be unable from sickness or on account of his being a witness in the case, or for other reason, to hear and determine it, or to conclude after having begun the trial, another Commissioner of a Parish Court in the same County may be called upon, who shall take up the proceedings at the point where they were left off and carry the same to a close.

7. All proceedings in the said Parish Courts shall be had in all respects, except as herein specially provided, under the provisions of the Law relating to proceeding in Justices' Civil Courts.

8. Every Commissioner of a Parish Court, before exercising the powers as Commissioner of such Court, shall take and subscribe the following oath in addition to any oath provided by law to be taken, that is to say :-"I, A. B., do swear that I will faithfully, impartially, and honestly, according to the best of my skill and knowledge, execute all the powers and duties of a Commissioner for the Parish of

Civil Court;" and every such oath shall be taken before the Clerk of the Peace of the County in which such Court is established.

9. Any plaintiff or defendant in any suit in any Parish Court may appear and conduct his suit either in person, by his agent, or by Attorney of the Supreme Court, whose authority may be either written or oral, but on the trial such

Attorney shall not be a competent witness for the party for whom he appears.

10. Any affidavit to be used in the said Courts may be sworn before any Commissioner of any Parish Court, or be. fore any Commissioner for taking affidavits to be read in the Supreme Court.

11 The fees to be taxed and taken for the Commissioners of said Courts, constables, witnesses, and jurors, in all civil actions in the said Courts, shall be according to the Table of Fees established in actions in Justices' Civil Courts, and all such costs shall be recovered and paid to the successful party to the suit, notwithstanding any thing contained in the Law relating to proceedings in Justices' Civil Courts; and in all civil actions defended and tried before any Commissioner, when Counsel is employed, and the amount sued for exceeds twenty dollars, the Commissioner may in his discretion tax a Counsel fee to the attorney of the successful party, not exceeding four dollars, to be included with the costs recoverable on judgment; but such Commissioner shall not tax a fee in any case unless he considers that the assistance of Counsel was reasonably required.

12. The same right of review shall be had and allowed in all suits tried in the said Courts as is provided in and by the Law relating to Justices' Civil Courts.

13. In actions in the said Parish Courts, and to the full extent of their jurisdiction, arrest, imprisonment, bail and deposit shall be permitted, had and allowed as provided by the Law relating to Justices' Civil Courts; and all laws respecting such last mentioned Courts, relating to the examination, disclosure and discharge of any defendant, the arrest upon final judgment and execution of any such defendant, and the levying and sale of goods and chattels upon execu. tion, shall in all cases in the said Parish Courts apply and be in force, and the affidavits to hold to bail in the said Parish Courts shall conform as near as may be to affidavits to hold to bail in Justices' Courts.

CHAPTER 60.

JUSTICES' Civil COURTS. Section.

Section. I Jurisdiction of Justices.

34 Nonsuit agd costs. 2 Actions, by and against whom. 35 Judgment by default. 3 Particulars of demand ; set-off. 36 Suits against partners and joints 4 Justice to keep a record, &c.

debtors. 5 Next triend for infant, appoint. 37 38 & 39 Execution and proceed. ment of.

ings thereunder. 6 Parties, or some of them, to reside 40 Liability of Constable for breach within the Parish.

of duty. 7 Tender.

41 When suit may be brought against 8 & 9 Form of process, service and bail. return thereof.

42 When costs not allowed. 10 Capias, when granted.

43 44 45 & 46 Proceedings and hear 11 & 12 Forrn of, and how executed. ing on review. 13 Arrest and bail.

47 Upon application for copy of evi. 14 Deposit in lieu of bail.

dence,&c. executed to be stayed. 15 Detainer after arrest.

48 Proceedings when party cannot be 16 Duty of Justice on taking bail on served with order. writ not issued by him.

49 Persons in custody entitled to 17 Liability of bail.

benefit of Insolvent Confined 18 Capias served, when Justice may Debtor's Act.

appoint further day for hearing. 50 Justice refusing to pay over 19 Alias writs.

money, penalty for. 20 Parties to conduct suit in person. 51 When Justice may punish for con21 Set-off.

tempt. 22 Title to land coming in question, 52 Justice bound to furnish copies of effect of.

any proceedings when request23 Parties confined to particulars; ed. amendment.

53 Proceedings, how proved. 24 Bond for lost note.

54 Justices to preserve all papers. 25 & 26 Justice's power to adjourn 55 Party to suit, when entitled to Court.

witness fees. 27 Issue of subpænas.

56 Computation of time. 28 Service of subpæna.

57 Forins and fees. 29 Disobedience, penalty for. 58 Affidavits, before whom sworn. 30 Trial of cause.

59 Application of Section twenty one. 31 32 & 33 Juries.

Schedule. 1. Every Justice shall have jurisdiction in the County in which he resides and for which he may have been appointed a Justice of the Peace, over the following civil actions :

First-Actions of debt, including any claim for a sum certain due upon a specialty, where the sum demanded does not exceed twenty dollars; .

Second-Actions of tort to real or personal property, where the damages claimed do not exceed eight dollars; but no Justice shall have jurisdiction over civil actions where the Queen is a party, or where the title to land shall come in question, or the action is for the recorery of a debt exceeding twenty dollars, unless the saine b3 reduced by payin at or abandonment to that sum, or where the action is for debt against personal representatives,trustees of absconding debtors, assignees of bankrupts or insolvents, or banking or in. surance companies.

2. Excepting as aforesaid, actions cognizable before a Justice may be brought by and against all persons, includ. ing Attorneys of the Supreme Court.

3. A person applying to a Justice for a writ shall, before the issuing thereof file with him the particulars of demand, a copy of which shall be annexed to the copy of the writ and therewith served upon the defendant. And every defendant having a set-off shall file the same with the justice, and serve the plaintiff with a copy thereof two days at least before the day of trial, which service may be made personally or by leaving such copy at the last or usual place of abode of the plaintiff, or with some adult member of his household ; and in case the plaintiff resides out of the County, then it shall be sufficient to leave a copy of such set-off with the Justice in manner aforesaid, without any further service of the same.

4. Every Justice shall keep a book in which he shall enter all processes issued by him, and when issued, all causes brought before him, the names of the parties, and the judg. ments rendered by default or otherwise ; it shall also be his duty to take fully the evidence on trials, and to read over to each witness the evidence given by him, and the witness shall subscribe his name thereto, that he may transmit the same to a Judge of the Supreme Court or County Court when called upon to do so.

5. No process shall be issued for an infant (except an infant servant for wages) until a next friend be appointed (A) for him. Upon application made the Justice shall appoint a suitable person, to be named by the infant, and such person shall consent in writing to act as his next friend, and he shall be responsible for costs, but no action shall b3 maintained against an infant upon any debt or contract unless for necessaries.

6. No Justice shall hold a Court for the trial of any action under this Chapter, unless the plaintiff or defendant, or some one of the plaintiffs or defendants, resides in the Parish where such Justice resides, or unless the plaintiff or defendant, or some one of the plaintiffs or defendants, is a nonresiden: of the County; and no Justice shall hold a Court for the trial of any action under this Chapter in any other Parish than that in which he resides, except as provided by the thirtieth Section.

7. If a defendant make a tender before action brought, he shall pay the money into the hands of the Justice before or at the hearing, or it shall be of po avail; and a defendant in a suit in a Justice's Civil Court, may pay to the Justice at any time before the trial a sum of money as compensation for the debt or damages claimed, which the plaintiff may accept in full, and may take judgment and issue execution for the costs incurred up to the time of such payment. If the plaintiff proceed with the suit after notice of such payment, and does not recover a greater sum than the amount so paid, he shall not be entitled to any costs incurred after such notice, but such subsequent costs shall be paid by the plaintiff, and shall be deducted by the Justice out of such money, or out of the costs payable to the plaintiff; and if the same b3 insufficient, he shall hare execution for the balance as on a judgment for defendant.

8. Processes shall be signed by the Justice himself, and shall be either a summons (B) or capias directed to any con. stable of the County in which the Justice resides; provided always, that a summons against a corporation shall be served on the Mayor or Warden, President, Head Officer, Clerk, Secretary, Treasurer, or the accredited Agent or Officer of any Company transacting business within the Province.

9. The summons shall be directed as aforesaid, command. ing the constable to summon the defendant before the Jus tice who issued it, at a time not less than six days nor more than thirty days from the issuing thereof, and at the place therein specified, to answer the plaintiff for the canse of action in the summons mentioned. The summons shall be served six days at least before the return day thereof, as follows:-If the defendant can be found, by delivering to him a copy thereof, or if he cannot, by leaving the same at his place of abode with some adult member of his household. The constable or other person shall return the process with an endorsement thereon signed by him, of the manner in which he served the same, verified by his oath, if required; and theproceedings against corporations shall be commenced by summons and continued as near as may be in all particu: lars as herein provided for in suits against individuals.

« PreviousContinue »