The Ohio Democrat and Dover advertiser. [volume] (Canal Dover, Ohio) 1839-1840, 1840-03-13
AN ACT
TO GtOIO J.u4ss before Jastiess q fthe
Peace.


every civil action, hereailerto be brought
hsfere d justice of ihe7p peace excepting
such as ste, nov tried by q, jury, 1t shall
be lawful for either ofthe parties there
to, or the agent Of either oi'lhem, after
an appearance by defendant, and before
the court shall proceed, to enquire into
the mefits Of the cause, 10 demand Of
paid court, that such action be tried by
a jury: PrOS,dsd, That 40 such de-
-mapd shall be made, unless the defen-
sdant shall dispute the plaintiffs claim,
or the plaintiff shall dispute the defen-
dan,'s defence; and in all cases, where
the amount Of the Judgment obtained by
tho plaintiff, is not greater than the a
p tnouu,to which the defendant is willing
10 confess, prior TO calling said jury,
sthe costs 90 accruiug in consequence Of
. calling said jury, shall be paid by the
said plau,if.
EEc. 2. That Upen such demand, the
= said justice 10 hereby required to con-
tinue the cause, for 60 long a time, as
no may deem expedient; and to issue a
venite directed 10 any constable Of the
township, whore the eSid cause is TO be
tried, commanding him to summon six
good and lawful men, citizens Of said
township, unless the parties shall ami
cably agree upon less number, and
having the qualifications OF electors
therein, who shall be 10 no wise Of kin
TO either party, nor in any manner in-
terested 10 such suit, who shall be cho.
sen as follow to wi.:--The justice shall
writein a pannsi the names OF eighteen
persons from which the defendant, or
HE agent OF his attorney shall strike one
name, the plaintiff, his agent or altor-
ney one. and 90 alternately, until each
shall have stricken six names, and the
remaining six shall constitute the jury,
10 be, and appear before such justice al
the time, TO which said cause shall have
hesn adjourned, to serve as jury for
trial OF such cause: Provided, That no
continuance shall be- for longer time
than is now allowed BY law: aHd, Pro-
uidsd further, That in case either party
shall neglect or refuse 10 aid in striking
the Jury as aforesaid, the justice shall
strike the Same, in behalf Of sucb party.
SEC. 3. Ths, 1t shall be the duty OF
such constable 10 make Hefviee of said
ysnire, and to return the same with the
nasas OF the persons by him summon
ed at the lime appointed for the trial OF
the cause.
Sec. 4. That it shall be the further
duty of such constable, to be in attend
,euce on said court at the time appointed
for said trial, and during the progress
oi the same; aud il; by reason Of chal-
lsnge for cause, sickaess, or other dis
ability, the persons whose ma mes shall
be return cd by the vedHe, or any Of them
shall not be smpannelIsd as jur ors, The
said constable shall fill the panel from
the bys.auders, as .s doae by the shsriis
in tho courts Of common pleas, and The
said constable shall be allowed for his
attendance on sold court Gfty cents per
day, to he taxed 10 the bill Of costs.
SIC. 8. Tha, the jurors thus sum
moned snd empanueIed as aforesaid,
shalI be Sworn or affirmed by the justice,
10 we'll snd truly try the matter IN df-
ference between the PartIes, and a, true
verdict give, according to the evidence,
and sitter the said jury shall have taken
tho said oath or affirmation, they shall
sit together and hear the several proofs
and allegations of,he parties, and at
the close OF the trial, shall be conduc"
ted By the constable to some private &
convenient place, where they may de-
liberatsly, and without interruption, con
sult upon their verdict.
Sec. 6. That when said jurors have
agreed upon their verdict, they shall de-
livor the. same to the justice. in open
court, and the said jus,lce ls hereby re-
quired to give judgment thereuPon, with
the costs Of suit, and TO award execu-.
,tions as in other cases.
SEC. z. Tha. when the amount found
BY the Jury shall not exceed the sum OF
twenty dollars eXclusive-of costs, there
shall be no appeal from the judgement,
of tho Justice thereupon, any former law
10 the contrary notwithstanding: Pro-
vidsd, That if it should be made 10 sp-
pear 10 the satisfaction of said justice,
shat said vsrdic, was obtained by fraud,
partiality or any undue means whatever,
Vhe justice shall bs aathorizedto set the
same aside and gran, new trial, TO be
conducted as in case Of a disagreement
sof thejury, hereinafter provided for in
sectien eight.
SEC. g. That whenever sjury after
pufficiea! and reasonable time for delib-
Grafton, shall be unable 10 agree upon
a verdict they shail be discharged by
she justice, and said justice shall there-