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assigned for returns, from nine o'clock in the morning until four o'clock in the afternoon.

§ 1144. The day so appointed must not be the same, specified in the appointment of another justice of the same town previously filed. The place so designated may be known as the justice's office and may be afterwards changed by him, on filing a new appointment, and posting notices thereof in three public places of the town.

§ 1145. In case of the sickness, other disability, or necessary absence of a justice, at the time appointed, another justice of the same town may, at his request, attend in his behalf, and shall thereupon become vested with the power, for the time being, of the justice before whom the summons was returnable. In that case the proper entry of the proceeding before the attending justice, subscribed by him, must be made in the docket of the justice before whom the summons was returnable. If the case be adjourned, the justice before whom the summons was returnable, must resume jurisdiction.

The last four sections provide for a systematic arrangement of the time at which a summons may be made returnable before a justice when issued by a party. The Commissioners are satisfied that it will be found convenient and beneficial both to the justices' themselves, and to those who do business in their courts. It is not designed to prevent a justice from issuing a summons returnable before himself on another day if he sees fit.

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§ 1146. A justice may at the request of a party, and on being satisfied that it is expedient, specially depute discreet person, of suitable age, and not interested in the action, to serve a summons or execution, with or without an order to arrest the defendant, or to attach property. Such deputation must be in writing on the process.

§ 1147. The person so deputed has the authority of a constable in relation to the service, execution and return of such process, and is subject to the same obligations, but can not receive a fee for the service.

§ 1148. When the sureties of a constable make complaint to a county judge, that such constable has unlawfully converted to his own use, or misapplied, money collected by him as constable, for which they have been sued, or are liable to be sued, such application being verified by oath that they believe it to be true, the county judge must immediately make an order, suspending such constable from the further exercise of his official powers, until he give new security. Such order must be served on the constable, and filed in the office of the town clerk.

§ 1149. When an execution is delivered to a constable, within the last sixty days of his term of office, he may, notwithstanding the expiration of his term, proceed thereon, in the same manner as if he still continued in office, and his sureties shall be liable to the same extent.

§ 1150. A justice may punish, as for a criminal contempt, persons guilty of the following acts, and no others:

1. Disorderly, contemptuous or insolent behaviour toward the justice while holding the court, tending to interrupt the due course of a trial, or other judicial proceeding:

2. A breach of the peace, boisterous conduct, or violent disturbance, tending to interrupt the due course of a trial or other judicial proceeding:

3. Wilful resistance, in the presence of the justi e, to the execution of a lawful order or process made or issued by him.

§ 1151. A warrant of arrest may be issued by such justice, on which the person so guilty may be arrested, and brought before the justice, on the same day, or the next judicial day, when an opportunity to be heard in his defence or excuse must be given. The justice may thereupon discharge him, or may convict him of the offence, and adjudge a punishment by fine or imprisonment, or both; such fine not to exceed twenty dollars, and such imprisonment, ten days.

§ 1152. The conviction, specifying particularly the offence and the judgment thereon, must be entered by the justice in his docket. A warrant of commitment to the jail of the county until the fine be paid, or for

the term of the imprisonment, may then be issued. Such warrant must contain a transcript of the entry in the docket; and the same must be executed by any constable to whom it may be given, and by the jailer of the county.

§ 1153. If a person summoned as a juror or witness fail to attend, the justice may issue a warrant to arrest the delinquent for the purpose of compelling his attendance and punishing his disobedience.

§ 1154. When the person arrested is brought before the justice, or when a person in attendance refuses to serve as a juror or to testify as a witness, and no valid excuse be show the justice may impose a fine upon him, not exceeding five dollars. An entry of such fine, stating the reason thereof, must be made by the justice in his docket, and thereupon shall have the effect of a judgment, in favor of the overseers of the poor of the town against the delinquent, and may be enforced as well against his person as his property.

§ 1155. The term "justice," as used in this chapter, includes justice of the peace and justices of justice's courts in cities; the term "town," includes ward or district, in reference to justice's courts in cities; and whenever other sections of the code are made applicable to justice's courts, the terms "judge" and "court" there

in, are to be deemed to include justice and justices' courts; and the term "sheriff," to include constable.

§ 1156. For services rendered pursuant to the provisions of this chapter, fees may be charged, and included in the judgment, as follows:

For Justice's Fees.

1. For all proceedings when the defendant does not answer, including judgment, transcript and execution, one dollar:

2. For all proceedings to, and including the issue, if an order to arrest a defendant, or to attach property, be made, one dollar; if there be no order to arrest, or to attach property, fifty cents:

3. For all proceedings after issue, to and including trial by jury, if there be one, one dollar and fifty cents. If there be no jury, one dollar :

4. For judgment upon the issue and any proceedings afterwards, including transcript, executions, returns, and all other proceedings and entries, fifty cents:

5. Postage actually paid, on sending or receiving a commission to take testimony.

§ 1157. Constables are entitled to receive, from the party in whose favor the services are rendered, the following fees; of which those rendered before judgment

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