The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-07-20
ARTICLE ".
Change of the place OF Trial

ARTICLE ".
Change of the place OF Trial.
Sec. 81 If on the the return of process,
or at any time before trial shall have com
manccd, it shall be maed satisfactorily to
appear to the justice. of the peace before
whom any cause is instituted OF is pending
for tlial by the affidavit of either of the
parties in the case:
THAT such Justice is material wit
ness for either party; or, #
2--It Il jury be demandt by the adverse
party, then that he cannot as he verify be-
ieyes have fair and impartial trial in such
township, on account of the bias or preju-
dice of the citizens thereof.
Sec SO. If the place of the trial be
changed on account of the Justice being a
material witness in the cause, such cause
shall be transferred for trial before some
other Justice of the Peace of the same
township, if there BIZ one there legally COM
petcnt to try such cause; it there be no such
Justice within such township, or if such
change be granted on account of the bias
or prejudice Of the citizens Of such township
against such party, or because the adverse
party has An undue advantage over him
herein, the case shall be taken to some JUS
tice in an adjourning township of the same
county.
Sec. 80. The jnstice granting such
change, shal! deliver or transmit the papers
in the cause, together with certified trans
cript of the proceedings before him, to the
justice to whom such change may be gran
ted, who proceed therein, and have the
same jurisdiction, powers, and duties, in all
respects whatever, as if such suit had been
originally instituted before him.
Sec 60. Before any such change shall
be allowed, the costs as specified in the next
following section, Shall be paid by the par
ty applying for such change, or he shall
have confessed a judgment therefor before
the justice granting the change.
Sec. 81. When such change is at the
instance of the plaintiff, he shall be taxed
with ali the costs which have accrued, and
which shall accrue in the cause until such
transcript: and papers shall be delivered to
the Justice OF whom such cause j. removed
for trial. and when on the APPLICATION of the
defendant, he shall be taxed with the costs
which have accrued for issuing subpenas
for WITNESSES and service thereof, witness
fees, and costs of Justice for transferring the
cause to the docket of theWoer Justice.
ARTICLE V.
adjournment.
Sec. 60. Upon the return day, ifa jury
be required, OF if the Justice be actually en-
gagged in other official business, he may ad-
iourn the trial without the consent of either
party as folows:--
Where a party is in attendance, who
snot a resident Of the county, or where the
defendant, is in attendance under arrest, the
adjournment not to exceed 48 hours; and
the defendant, if under arrest, to continue In
custody.
2'-In other cases, not to exceed days,
unless by consent ofparties. Ifthe trial be
not adjourned, 1t must take place immedi,
ately upon the return Of the summons.
Sec. So. The trial may be adjourned,
upon the application of either party, with
out the consent of the other, for period
not exceeding 80 days as follows
The party asking the adjournment must, il
required by his adversary, prove by his
own oath, or otherwise, that he cannot fol
want Of material testimony which he expect:
to procure, safely proceed to trial
Sec. GA, An adjournment may be had eli
ther at the return day, y,or at any subsequent
time to whichthe causemay stand adjourned
on application Of either party, for a period
longer than 80 days, but not to exceed 9(
days from the time of the return Of the sum
mons, upon compliance with the provision
OF the proceeding section, and upon proc
by the oath Of the party or otherwise, to thu
satisfaction Of the Justice, that such party
cannot be ready for trial before the time t.
which he desires an adjournment for til,
want of material evidence, describing il
that the delay has not been made necessa
ry by any act, or negligence on his par
since the action was commenced, and tina
he expects to procure the evidence at th
time stated by him.
ARTICLE vi.
FITNESS.
! Sec 65. Any Justice may ISSUE s,lbpe
mas to compel the attendance of witnesses t
give evidence on any trial pending befor
hims If, or for the purpose Of taking deposi
tions, or to perpetuate testimony.
Sec. 66. A subpoena may be served by
constable or any other person, and shall b
earyoJ hv raad;n,r tl,a eon,a n. sfot;nn. AZ