The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-07-01

the time to which he desires an adjournment for
the want of material evidence, describing it, that
the delay has not been made necessary by any
act, or negligence on his part since the action
was commenced, and that he expects to procure
the evidence at the time stated by him.
ARTICLE vr.
Witness.
See. IS. Any justice may issue subpocnus TO
compel the attendance Of witnesses to give evi.
ience any trial pondng before HIMSELF or
for the purpose OF taking depostions, ur to per.
petuate testimony.
Sec. 66. A subpoena may bc served by a con.
stable or any other person, and shall Deserved
by rcad ding the suine or stating the contents
thereof to the witness or by leaving copy
thereof at his usual place Of resi- lcnce.
Sec. 81. When not served by IL constable or
some person deputed for tina. purpose by jus.
tice, fees shall bo charged in the suit for ser
vingit
Sec. 6S. II any witness having been subpnc.
! naed, attend ard be not examined by either par.
ty, tie costs Of such witness shall be paid by the
party ordering the subpoena, unless the adverse
party, by confessing the matter or otherwise.
witness.
Sec. CD. Whenever it shall appear to the sat
isfaction of justice, by proof made before him,
that any person has been duly served with
subpoena to appear and give testimony before
him in any matter in which he hus authority to
require such witness to appear und testify, that
his testimony is material and that he refuses or
ncglects to attend such witness in con nformity
with such subpoena, the justice shall issue
warrant TO arrest the delinquent for the purpose
Of compelling his attendance and Furnishing
his disobedience.
Sec. TO- When the person arrested is brought
before the justice, or when person in utten.
dance refuses to testify n witness, and no val.
! id excuse be shown, the Justice NAV impose a
fine on him not exceeding FIVE dollars. An en-.
try of such fine stating the reason therefor,
must be made by the justice in his docket, and
thcreupon shall have the effect of judgment in
! favor of the State OF Ohio against the delin.
quent, and may be enforced against his person
! or property.
| Sec. II Escry person subpo,nae as afore.
said, and neglecting to appear or refusing to ties
tiiy, shall also be liable to the party in whose
behalf he shall have been subpoenaed, for all
damages which sich party shall sustain by rea.
son of such delinquency.
DISPOSITIONS.
Sec. ~. Dispositions may be taken to be read
in any cause pending before justice of the
peace, in like manner and subject to the same
restrictions and rules of law as in cases pending
in the court of common pleas.
ARTICLE VII.
The Trial and It's Incidents.
Sec. 10. AT the time appointed for trial, if no
! Jury shall have been demanded by either pn nrty,
the justice shull proceed 20 try the action, sha Ii
hear the proofs a. determine the cause according
to law and the right. ..
Sec. "A. Where parties agree to enter without
process before justice, any acton of which
such justice has cognizance, such justice shall
enter the same on his docket and proceed to tri-
al, Judgment and execution, in all respects in
the same manner as il summons had been issued,
served and returned
JURY.
Sec. 75 In all civil actions after an appear.
ance Of the defendant, and before the court shall
proceed to enquire into tho merits Of the cause,
either party may demand jury to try the ac.
ton, which jury shall be composed of six good
and lawful men, having the qualifications OF
electors, unless the parties shall agree OH less
number.
Sec. 76. When jury is demanded the trial
Of the case must be adjourned until time fixed
for the return of the jury. If neither party de.
sire an adjournment, the time must be deter
mined by the justice, and must be on the sal me
day, or within the next two days; the jury must
be Immediately selected, as herein provided.
Sec. II. The Justice shall write in a pannel
the names Of eighteen persons, citizens Of the
township, or il the action be one in which the |
jurisdiction is not limited to the township, then
citizens OF the county, from which the defen.
dant, his agent or attorney, shall strike one |
name, the plaintiff, his agent or attorney,
one, and SO alternately until each shall |
have stricken names, and the remaining six |
shall constitute the Jury to try such ease, and il |
either party neglect, or refuse TO aid in striking
the jury aforesaid, the justice shall strike thu
same in behalf OF such party.
Sec. 7S. The justice thereupon shall issue n
summons for the jury, in which the following
form shall be observed in substance as near as
practicable:
The State of Ohio, County:
To - Constable Of tow nship
You are hereby commanded to summon
to appear before me at ---- in said
township, ON the --- day OF -, A. D.,
al o'clock in the - noon, to servo as a
Juror in a case pending before me, then and
there to be tried. And this they shall in nowis,
omit
And have you then there this writ with your
ioings thereon.
Given under my hand this - day of-A. D.
-------
Justice OF the Peace
Sec 70. The constable shall serve such sum.
mons h, u personal service thereof, aud return