Now, therefore, the condition of this obligation is such, that if the above bounden shall justly and fairly account for and pay over all moneys that may come to his hands, under any judgment or otherwise, by virtue of his said office; and shall well and truly perform all and every act and duty enjoined on him by the laws of the State of Illinois, to the best of his skill and abilities, then the above obligation to be void, otherwise to remain in full force and effect. (Seal.) (Seal.) (Seal.) Great care should be exercised by justices elect in steps for qualification, in pursuing the law strictly, that questions in the future, may be avoided, and particularly, in relation to the bond; in the case of The People v. Percells,1 where a justice elect, had within twenty days after his election, filed his official bond in compliance with the statute in such cases made and provided, except that the condition thereof, omitted to recite the following requirement: "and that he will well and truly perform all and every act and duty enjoined on him by the laws of this State, to the best of his skill and abilities;" and after the expiration of twenty days, as aforesaid, he filed a new bond with other securities, containing the provisions omitted in the first; it was held that the first bond was insufficient, that the second was not filed within the time required by the statute, and that therefore, the office became vacant. Justices of the peace, when qualified according to law, have jurisdiction throughout their county.2 Justices of the peace who have given bond and received commissions according to law, are authorized and empowered, and it is made their duty to receive money on all notes and demands which may be placed in their hands for suit or collection, and upon all judgments rendered by them prior to the issuing execution thereon.3 IV. OF RESIGNATIONS. Resignations of the office of justice of the peace must be made to the clerk of the county court of the proper county, who is required to (1) 3 Gilm. 59. (3) Rev. Stat. 816, sec. 19. (2) Rev. Stat. 314, sec. 7. immediately enter the date of every such resignation in a book provided for that purpose, which book, or a certified copy of entries therein, will be received as evidence in all courts within the State.1 When any justice of the peace resigns his office, or removes from the county, or from the township or precinct in which he was elected, it is his duty to deliver over his docket and papers relating to the business transacted before him, to the nearest justice of the peace in his county, and to return to the office of the clerk of the county court all copies of the statutes which he may have received from that office; and in case of the death of any justice of the peace, it is the duty of the person having possession of such docket, papers and statutes, to deliver them over as aforesaid.2 A person who has been elected a justice of the peace for a precinct, if he is subsequently elected to the same office for a township, and accepts the latter, it is an implied resignation of the first office which becomes vacated. 8 (1) Rev. Stat. 315, sec. 15. (2) Rev. Stat. 331, sec. 112. (3) 15 Ill. 375. CHAPTER II. OF THE JURISDICTION OF JUSTICES OF THE PEACE IN CIVIL CASES. I. OF WHAT THE JUSTICE HAS JURISDICTION TO HEAR AND DETER MINE. II. OF JURISDICTION OF THE SUBJECT MATTER. III. OF JURISDICTION OF THE PERSON. IV. OF PROCEEDINGS WITHOUT JURISDICTION. 1. OF WHAT THE JUSTICE HAS JURISDICTION TO HEAR AND DETERMINE. A justice's court is one of limited jurisdiction. The Statute is the charter of its authority; and whenever it assumes jurisdiction in a case not conferred by the statute, its acts are null and void.1 The jurisdiction of the justice is conferred by statute, and in its exercise he must proceed in strict conformity with the manner prescribed.2 By Revised Statutes, chap. LIX., title, "JUSTICES OF THE PEACE AND CONSTABLES," Sec. 17, it is enacted that, "Justices of the peace shall have jurisdiction in their respective counties, to hear and determine all complaints, suits and prosecutions of the following description: "1st. In actions of debt on bonds, contracts, agreements, promissory notes, or other instruments in writing, in which the amount claimed to be due, does not exceed one hundred dollars. "2d. In actions of assumpsit upon any contract or promise, verbal or written, express or implied, for a valuable consideration in which the amount claimed to be due does not exceed one hundred dollars. "3d. In suits brought for goods, wares or merchandise, sold and delivered; for work and labor done, or services rendered; for money had and received; for money lent; for money received by the defendant, for the use of the plaintiff; or for money paid by the plaintiff, for the defendant at his request; in which the amount claimed to be due does not exceed one hundred dollars. "4th. In suits for money claimed to be due upon unsettled accounts, in which the balance claimed to be due does not exceed one hundred dollars. "5th. In suits for money claimed to be due upon settled accounts between individuals, in which the balance ascertained to be unpaid shall not exceed one hundred dollars. "6th. In all suits upon contracts or promises for rent, and in cases of distress for rent, upon landlords' warrants, in which the amount claimed to be due does not exceed one hundred dollars. "7th. In actions of debt for trespass, by cutting timber in which the amount claimed does not exceed one hundred dollars. "8th. In actions for money claimed to be due for specific articles of property whether claimed to be due by bond, note, or other instrument in writing, or upon a promise express or implied, in which the value of the property claimed does not exceed one hundred dollars. 9th. For all debts or demands claimed to be due not exceeding one hundred dollars, in which the action of debt or assumpsit will lie. "10th. In all actions in which an executor or administrator is plaintiff, or for property purchased at an executor's or administrator's sale, where the amount claimed does not exceed one hundred dollars. "11th. In all actions in which an executor or administrator is defendant, where the amount claimed does not exceed twenty dollars. “12th. In all actions of trespass on personal property, and of trover and conversion, in which the damage claimed does not exceed one hundred dollars. "13th. [This paragraph of the section gives jurisdiction in cases of assault and battery and affrays, which will be treated upon in another part of this work.] "14th. In all actions against sheriffs, coroners and constables for malfeasance, misfeasance or nonfeasance in office, wherein the amount claimed does not exceed one hundred dollars. "The provisions of this section shall apply as well to proceedings commenced by attachment, as to other cases.” "SEC. 18. In all suits provided for in the preceding section, the jurisdiction of the justice shall be deemed to extend to cases in which the original claim, debt, demand or damages may have originally exceeded the sums of one hundred dollars, and twenty dollars respectively, but which shall have been reduced by fair credits below those sums." By a late act, entitled "An act to extend the jurisdiction of justices of the peace," Approved Feb. 15, 1855, it is enacted, "That the ju risdiction of justices of the peace be and the same is hereby extended so as to include all actions for trespass upon real estate where the sum claimed does not exceed one hundred dollars." As we have already seen, the courts from necessity will view the acts of justices of the peace with great indulgence; and where a justice has jurisdiction, but proceeds erroneously, he is not a trespasser; but where he has not jurisdiction, it is otherwise, and he will be held a trespasser. 8 A suit before a person assuming to act as a justice of the peace, will not be dismissed on motion for the reason that he is not a legal justice of the peace. It is sufficient that he assumes to act in such capacity; his right to act cannot be collaterally examined.* In suits where the original claim, debt or demand exceeds one hundred dollars, and is to be reduced by credits, the credit must be bona fide and not given merely to gain jurisdiction. The court will presume such credit to be fair, until the contrary is shown. 5 Where a suit was commenced before a justice of the peace upon a note for one hundred dollars, payable in twenty days, judgment was rendered for the plaintiff for that amount, and the defendant appealed to the Circuit Court, and there moved to dismiss the cause for want of jurisdiction in the justice. Held, that the justice had jurisdiction, as the face of the note did not exceed one hundred dollars, and the plaintiff did not claim interest.7 If a controversy exists as to the amount of a set-off, a party is not bound to give credit before the commencement of a suit for the exact amount to which the trial may show the party entitled. Where actions are brought before a justice of the peace on two notes, returnable at the same time, which if consolidated would exceed one hundred dollars, a judgment on the first, is not a bar to a recovery on the second. Each note constitutes a separate demand." The question of jurisdiction with a justice of the peace, does not depend upon the amount of the claim filed; but the real amount due, ascertained from the evidence, furnishes the test.10 A justice of the peace has jurisdiction of a set-off exceeding one hundred dollars where the balance claimed by the defendant does not exceed that sum, and it appears that if the balance exceeds one hundred dollars, the justice must do one of two things; either allow and set off so much (2) Ante, p. 19. (1) See Sess. Laws, 1855, p. 139. (4) 2 Gil. 129. (10) 14 I. 393. |