the judgment and process of a court of competent jurisdiction, cannot be compelled to pay the same a second time.1 The dismissal of a suit by a justice of the peace, is not such a judgment as will bar a subsequent suit for the same demand, or for a different cause of action.2 A justice of the peace has no authority to render a judgment against any defendant who is not served with process, although one of the defendants is regularly served. The admission of a party in an action before a justice of the peace, that a claim produced against him is correct, is not confession of judg ment; he may nevertheless prove payment or set-off; and such admission will not deprive him of his right of appeal. II. OF COSTS. Costs are the expenses of a suit, or action, which may be recovered by law from the losing party. At common law, neither the plaintiff nor the defendant could recover costs as is now allowed by statute. In actions where damages were given, costs were taken into account, and included in the amount of damages. But because those damages were frequently inadequate to the plaintiff's expenses, a provision was finally made, by statute, for costs. In suits before justices of the peace, costs can only be recovered, where expressly given by the statute. As we have seen, the statute provides for costs in the following cases: Where the plaintiff, or his agent, fails to appear at the time appointed for trial, and the suit in consequence is dismissed, the plaintiff must pay the costs. Where a case is continued to another day, the party applying for such continuance may be taxed with costs occasioned thereby." Where the parties appear, and the justice shall give judgment against the party who shall be proved to be indebted to the other, the costs of suit will follow the judgment; but when neither party appears to be indebted to the other, then the judgment will be against the plaintiff for the costs of suit only. In case of a jury trial, the justice must enter judgment upon the verdict of the jury.10 (1) 4 Gil. 354. (3) 1 Scam. 590. (5) 3 Bl. Com. 400. 9 (7) Ante, p. 93; Rev. Stat. 318, Sec. 27. (9) Ibid. (2) 1 Id. 667. (4) 13 III. 313. (6) Ante, p. 58; Rev. Stat. 318, Sec. 24. Where a matter in difference between parties to a suit is referred to arbitrators, the justice must note the award upon his docket, and give judgment according thereto.1 Justices' Fees in Civil Cases. Rev. Stat. 246, Sec. 17. "For every warrant, summons, or subpoena, eighteen and three-fourths cents. For each continuance, twelve and a half cents. Administering an oath, six and a fourth cents. Issuing dedimus to take depositions, twenty-five cents. Taking each deposition when required, for every seventy-two words, twelve and a half cents. Entering judgment, twenty-five cents. Issuing execution, twenty-five cents. Entering security on docket, twenty-five cents. Scire facias to be served on security, twenty five cents. Notification to each referee, twenty-five cents. Entering the award of referees, thirty-seven and a half cents. For each transcript of the judgment and proceedings before the justice on appeal, twenty-five cents. Issuing process of attachment, and taking bond and security, seventyfive cents. Entering judgment on the same, twenty-five cents. Docketing each suit, twelve and a half cents. Taking the acknowledgment or proof of a deed or other instrument of writing, twenty-five cents. For each precept, on forcible entry and detainer, fifty cents. On trial, per day, two dollars. Making complete copy of proceedings thereon, two dollars. For each jury warrant, twenty-five cents. For each marriage ceremony performed, one dollar. For cach certificate thereof, twenty-five cents. For administering the oath to the finder, or taker up in cases of estrays, &c., making an entry thereof, with the report of the appraisers, and making, and transmitting a certificate thereof to the clerk of the county commissioners' court, fifty cents." (1) Ante, p. 109; Rev. Stat. 321, Sec. 43. For taking acknowledgment of chattel mortgage, and entering the same on his docket, the justice will receive twenty-five cents.1 Jurors' Fees. Each juror in a civil cause before a justice of the peace, is allowed twenty-five cents.2 Witnesses' Fees. Each witness, when summoned, according to the statute, is allowed fifty cents for attending on each trial. Every witness, when attending for the purpose of having his de position taken, per day, fifty cents.* Arbitrators' Fees. For every arbitrator, or referee, for each day he shall be necessarily employed in making up his award in cases before justices of the peace, one dollar. 5 6 III. OF FILING TRANSCRIPT. Whenever it appears, by the return of any execution issued pursuant to the statute, that the defendant has not personal property sufficient to satisfy the debt and costs within the county in which judgment was rendered, and it is desired by the plaintiff to have the same levied on real property, in that or any other county, it is lawful for the justice to certify to the clerk of the circuit court of the county in which such judgment was rendered, a transcript, which must be filed by said clerk, and the judgment will, thenceforward, have all the effect of a judgment of the said circuit court, and execution may issue thereon, out of that court, as in other cases." By an act approved February 27th, 1847, it is enacted, "Sec. 3. Transcripts hereafter filed shall contain a copy of the original and each subsequent summons or process issued by the justice of the peace, the return of the officer or officers thereon, the judgment and execution or executions issued thereon, with the return of the officer or officers upon (1) Rev. Stat. 92, Sec. 2. (2) Id. 311, Sec. 20. (3) Ante, p. 80; Rev. Stat. 220, Sec.38. (6) See Id. 323, Sec. 54. (8) See Sess. Laws, 1847, p. 56. the same; fand no execution shall hereafter be issued upon a transcript, unless the same be made conformable to this act. "Sec. 4. Every transcript desired to be used for the purposes mentioned in this act, shall be certified by the justice of the peace making the same, to be truly copied from the files and books of his office." Which act took effect, by its terms, on the first day of June, 1847. The following will be the proper method of making and certifying such transcripts, to be varied according to circumstances: Form of Transcript of Proceedings before a Justice, to be filed in Circuit Clerk's Office, to become lien on real estate. Transcript of proceedings lately had before Charles Hall, Esquire, a justice of the peace in and for the county of LAKE, in the State of Illinois, between A. B. plaintiff, and C. D. defendant. (Here insert the summons or process preceding the judgment, and then say :) Upon which summons, (or other process, as the case may be), there appears the following indorsement: (Here insert the constable's return.) (After the constable's return, a true copy from the docket of the justice, in relation to the proceedings in the cause will then be given, which of course will show the issuing and returning of the execution; then say :) Upon which execution, issued and returned as aforesaid, there the following indorsement: appears (Here insert such indorsements as may have been made by the constable in full.) To all of which the justice will add the following certificate: I, Charles Hall, a justice of the peace in and for said county, do certify that the foregoing transcript is truly copied from the files and books of my office. In witness thereof, I have hereunto set my hand, this day of, A.D., 18—. CHARLES HALL, J. P. CHAPTER XII. OF APPEALS AND WRIT OF CERTIORARI. I. OF APPEALS. II. OF CERTIORARI. I. OF APPEALS. Rev. Stat. 323, Sec. 58. "Appeals from judgments of justices of the peace to the circuit court shall be granted in all cases, except on judgment confessed: Provided, The party praying for an appeal shall, within twenty days from the rendering of the judgment from which he desires to take an appeal, enter into bond with security, to be approved and conditioned as hereinafter provided. "Sec. 59. The bond required to be given, shall be in substance as follows: "Know all men by these presents, that we, A. B. and C. D., are held and firmly bound unto E. F. in the penal sum of (here insert double the amount of judgment and costs) dollars, lawful money of the United States, for the payment of which well and truly to be made, we bind ourselves, our heirs and administrators, jointly, severally and firmly, by these presents. "Witness our hands and seals, this day of 2 18-. "The condition of the above obligation is such, that whereas the said E. F. did, on the a justice of the day of —, A.D. 18—, before for the county of peace against the above bounden A. B., for the sum of recover a judgment dollars, from which judgment the said E. F. has taken an appeal to the circuit court |