Elizabeth-Town gazette. [volume] (Elizabeth-Town, N.J.) 1818-1821, 1820-12-12
STATE OF NEw.JERSEY.
PUBLIC ACTS.

% "A IL Of N W-JERSE4.
PUBLIC ACTS,
Passed at the forty FIJI Session of The
General Assembly Of The state Of Mem
Jersey.
A supplement to the act, entitled, g An
act constituting Courts for the Trial Of
Small Causes" passed the 18th day OF
February, 1878.
SEC. |. BE IT ENACTED By the
Council and General Assembly Of his
State, and 1t is hereby enacted by the
authority Of the same, That from any judg-
ment which may hereafter be obtained
before any justice Of the peace, in any OF
the said courts for the trial OF small
causes, upon the verdict of jury, or upon
the report of referees, either party may
appeal to the court of common pleas OF
the county, within the same lime, in the
same manner, and upon the same terms as
in other cases where an appeal is granted.
2. And be it enacted, That when such
Judgment shall have been rendered upon
the verdict of jury. the court of common
pleas TO which such appeal shall be made,
shall before they proceed to hear and de-
termine the same, amend the process, pro
ceeding, verdict and Judgment, in all
things which by the act entitled san act
respecting amendments and jeofaiis' are
amenable on writs of error, after verdict
in other courts And il it should be in
convenient actually TO make such amend
ments, then every thing SO amendable,
shall be taken and considered as amended,
and proceeding shall be had thereupon,
as if the sane had been actually done.
8. And be It enacted, That when such
Judgment shall have been rendered upon
the verdict Of jury, as aforesaid, the
court OF Common pleas TO which such ap-
peal shall be made shall have power. after
amending, or taking the same as amended,
as aforesaid, TO inquire OF the regularity,
lawfuIness aud justice Of such verdict and
Judgment, as well by the transcript OF the
Justices docket, which may have been
sent up, as by all other lawful means
which can make the matter manifest, aud
upon such inquiry, either TO affirm the
said verdict and judgment or to set the
same aside, and award new trial tor the
same causes and upon the same princi.
pies as verdicts and judgments are set a.
side and new trials awarded in such court
10 ether cases, that when such new trial
shall be awarded, il shall and may be
lawful for the court to permit any amend
ment to be made ia the state Of demand,
plea or other proceedings before them up
on such terms as they may deem proper,
SO that a trial may be had and judgment
may be rendered upon the merits and JUS
tice of the case and such new trial shall
be had before the same court of common
pleas by another jury, if either party
shall demand jury, and ifnot, then by
the Judges themselves without jury; that
when such Jury shall be demanded, it shall
be returned by the sheriff either immedi-
ately or at such future time as the said
court shall direct, and that by the order
of the court aud without writ; and that
upon such trial, whether the same shall
be had by jury or by the judgment with
out a jury, the same evidence shall be ad.
mitted as is admissible upon appeals in
other cases and no other, unless such new
trial shalt have been awarded upon the
discovery ofnew evidence since the trial
before the justice, and 10 that case such
evidence newly discovered shall be al
mitted upon The trial Of such appeal.
A. And be IL enacted, That |! such judy
meDt shall have been rendered upon tn
report of referees, the court oil common
pleas TO which such appeal shall be made
shall have power 10 like manner, TO 10
quire Of such report Of referees and tn
Judgment ,hereupon and either TO atfiru
or set aside the same, for the same cause
and upon the same principles as reports Q
referees are set aside in such court i
other cases aud to award a trial befor
themselves, If need be, 10 the same mau
ner as is directed in the preceding sec
ton.
5. And be it enacted, That the tim
within which the trial shall be had J
causes instituted in the said courts for til