Democratic banner., 1847-09-06
(coscLuprp FROM Ist. pAGE.1

from the time OF aT1CSt except WHICH d
Sunday shall intervene, unless for good
cause shown a continuance is granted or
the cause is postponed from unavoidable
circumstances.
Sec. IL. Any person in the custody OF
the town constable for the violation of any
ordinance, may be admitted TO bail, by exc
cutting a bond to the inhabitants of the town
with sufficient security, TO be approved by
the Recorder in double the amount OF tlie
penalty charged, conditioned that he will
appear OH a day therein named, before the
officer taking the same, and answer the ac-
cusation for which he has been arrested,
which bond shall be attested by the officer
taking the same, and filed with the officer
before whom the case is pending forthwith,
and that officer shall enter upon his docket
a note thereof.
Sec. Is. If the defendant fail TO appear
according to the condition of the tond, or
appearing shall depart tie couc without
leave, the officer before whom the case is
pending, shall enter up judgment against
him and his securities for the penalty Of the
bond and costs.
Sec. ii. A party in custody who can
not for any cause OH the part of the plain
tiff be tried, and who cannot give bail for
his appearance, may be confined in the
county jail or other place Of safe keeping,
not exceeding three days, and in such case
the court shall deliver to the constable a
mittimus, stating the cause of detention.
Sec. Is. When a statement filed by the
town constable, as herein before provided,
shall be adjuged insufficient, and the suit
thereupon dismissed, the defendant, if ar
rested under a warrant, OIL !without, in cases
where such arrests authorized, may at the
discretion of the court, be detained in Gus
tody until another statement can be made
out and filed, provided such detention be
not longer than six hours from the time the
first suit is dismissed.
Sec. 16. The Recorder shall issue sub
penas for all witnesses desired by either
party, but no subpoena shall be issued for.
any witness who is in attendance before the:
court. |
Sec. II. If any witness duly summoned
fail to appear, the Recorder or other officer
may issue an attachment for him and COM
pell his attendance, and may moreover fine
him in a sum not exceeding ten dollars for
contempt of court.
Sec. Is. A witness appearing who shall
refuse to answer any question deemed prop:
er by the court, and every person who shall
conduct himself contemptuously towards
the court, may be fined in a sum not ex-
ceeding twenty dollars, or may be impris-
oned in the county Jail or other place Of
safe keeping, not exceeding ten days, or
may be punished by both such fine and i'm
~prisonment.
Sec. 10. Application for continuances
shall be made, and ~continuances granted,
in the manner and upon the conditions pro-
vided by law for such cases in justices
courts; and when a cause commenced by.
luminous is continued to the next regular.
term of the court before which the case is.
pending, it shall not be necessary to re-sum-
mon the witnesses present, but a notice Civ
en- by the court of such continuance shall
be sufficient.
Sec. 20. Dispositions taken in conform
ity with the laws of this State, may be read
in evidence on the trial of any cause pend !
ing before the Recorder or other officer
acting as SUCH when the witness whose
deposition is off ered to be read.
First, is dead; or second, by reason of
age, sickness or other bodily infirmity, is
unable to, or cannot safely attend before
the court, or thirdly, has gone oris about to-
go beyond the jurisdiction of the court,
without the consent or conclusion Of the
party opening his deposition; or fouEthly,
when both parties agree in any case to read
ing thereof.
Sec. 81. No action commenced by the
corporation shall abate, because of the sick
ness, absence, removal, resignation, death
or ~othe@inability of the Recorder or any
officer having jurisdiction in the case) to-
try the same, but in such cases the cause,
if commenced by summons, shall stand con-
tinued until the next regular court held by
that officer or his successor, and if the de-
PENDANT is in custody, it shall be continued
from day to day for three days, at the end
Of which time it shall abate.
Sec. %. On the return day of the writ,
or the day to which the cause may have
been continued, the Recorder shall, unless
a jury is demanded, proceed to hear, tryE
and determine the m
Sec. %. When the defendant shall have
L. IL III 4