An Act Amending Section Fourteen of Act Numbered Sixteen Hundred and Twenty-Seven

June 16, 1908

ACT NO. 1862

AN ACT AMENDING SECTION FOURTEEN OF ACT NUMBERED SIXTEEN HUNDRED AND TWENTY-SEVEN

SECTION 1. Section fourteen of Act Numbered Sixteen hundred and twenty-seven is hereby amended so as to read as follows:

"SEC. 14. Of Jurisdiction. — Forcible entry and detainer actions regarding real property shall be brought in the municipality in which the subject-matter thereof may be situated. If the property be found in two or more municipalities action may be brought in any of them, at the option of the plaintiff.

"All other civil actions in justice of the peace courts shall be begun —

"(a) At the place specified by the parties by means of a written agreement, whenever the justice of the peace shall have jurisdiction to try the action by reason of its nature or the amount involved;

"(b) If there is a contract in writing, in default of the agreement mentioned in subsection (a), at the place of the execution of the contract as appears therefrom;

"(c) When there is no contract in writing or the place of execution of a written contract does not appear therein, then in the municipality where the defendant resides or may be served with summons. cCHITA

"The territorial jurisdiction of a justice of the peace, except in the case of ex officio justices and in other special cases provided by existing law, shall be coextensive with his municipality and the civil process of his court shall not be served outside the boundaries of said municipality, except in the following cases and then only when the, judge of First Instance of the district, and in his absence the fiscal, shall certify that in his opinion the interests of justice require that such process should be served outside the jurisdiction of the court of the said justice of the peace:

"(1) When an order for the delivery of personal property lying outside the jurisdiction of the justice of the peace court is to be complied with;

"(2) When an attachment of real or personal property lying outside the jurisdiction of the justice of the peace court is to be made;

"(3) When the action is against two or more defendants residing in different municipalities;

"(4) When he is exercising jurisdiction under subsections (a) and (b) of this section: Provided, However, That execution may issue and be enforced as prescribed in section fifteen of this Act."

SECTION 2. This Act shall take effect on its passage. cCSDTI

ENACTED, June 16, 1908.