The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-07-06
rJMBERs j J l6

tanned. by fraud, scorrupttops ors 0e1er ufS-
due means. shall be competaHt farsnch 9
Justice to set aside such award md ,lj5s
judgment thereon. rendered5 and 5hBreup-s
on proceed to such final trial and j.ldlf-
ment, as il such award had never been
made.
; 9s. But no appeal shall besa aNpweA
to the court Of common pleas from 4 iudg
ment Of a justice OF the peace rendered on
an award, unless the party praying such
appeal shall file with such justice A {i- Is
davit, therein stating that he or she dbaD
verify believe that such award wpt pbtaint
ed by fraud, corruption, or other undqE
means. s * s sssssss,s L.
90. And on appeal from The jndg
ment Of justice rendered ol saqy ssleh
award, the court Of common pleas shall a.
satisfied that the award wassobtain} a NJ Z
fraud, corruption, or othsr undue ifss
such court shall set aside The; award, and
proceed TO hear and determine The cause
on the merits, as in other cases Of appeat
100. But if the said court sha b of :
opinion that the award was not ebtsinsd
by fraud, corruption, Or other undue sAeses
they shall render Judgment thereon md =
for the costs of suit. and award sexeetzta
as in other cases. - s. = f - s z
TRIAL OF THE RIGHT OF PRoaEnrx lEylFD
ON OR ATTACHED. y; sss,s.ss.
101. When q constable she'll levy
or attach property claimed by any pefsQn
or persons, other than lhe party against
whom the execution or attachmeRt issusd,
thesclaimant or claimants shall ltafss
days notice, in writing, 10 the p5531iiE OF
his agent, or sif not found within She coun
ty, then such notice shall b sefvod ~
leaving copy thereof eli bis usual place. /:
of abode in such county Of The TINS and
place OF the trial. Of the right 10 such prop
.erty, which trial shall be had before some
justice Of the township at least oas, day
prior TO the lime appointed for the aalesot
such property. Ss's
102.: lion the trial the justice shall
be satisfied from the proof that The Pyopar-
ty. or any part thereof, belong gsto ths clein-
ant or claimants, such justice shall rent{pr
judgment against The party in whose .fsvof
such execution or attachment issaad fpr
the costs, and issue execution therefor, and
shall, moreover, give written or rderte de
constable who levied on. OF who. may be
charged with the duty 81. .scllinS sual prop.
erty, directing him to resforS The / sk ans. 81:
so much thereof as may have beSn ionnd
10 belong 10 suoh claimanto OF 81 laiq1n(s.
l03. But If the claimant cleiuinfs
fei to establish his. Of aleir riaht tp nnelr
property or to any part theye1l, t8osl e lp5
shall render dgment agaiustsl,oh g s.
ant or claimapts for the costs tAst ~ lSos
crued on account of such sfisl. md u =
execution therefor, and IS conStt bl9 IN
pot hn hla ~ ~, = 81, ~ -, ~
for the property sotaksns
ARTICLE VII. sssss. 8; !.
JUDO MErrs: {
lo4, adgmeHt that The aetiqn be dis
missed without prejudice to.sa ne eesjjpa- !
may be entered with costs in the 5oloNipg
cases : .si:a.ss z,.s, !.
l. When the plaintiff ;vot tunteFlly dis {
misses the action before 1sss hnn sTatac.s
mltted - Ss 80 !. *
I - Wnens re iaa's 70 appeaa 2t ite tltp 9
specined n the sutsWols or upon rad $
tJournment, or within one hour there sttsf
When u is objected ~ The Eifl slld
appears BY tie evidence thai the saciiof:i
1,lqhght IN the wrong townships ssssx
f1ob 4 the pialntlH fAa tossPpear q
the return day OF the summons, aasd his
hA Of particulars be not fled and syidencs
before IN the Justlce' the actlon must be dis
missed. z NE defendant fasl 80 e ePpees
at the return day of the. summons, OF i e. .
Ether party fail 70 attend atthe time 70 WHICH
| trial has oeen ADJOURNED, of fail:to make
the necessary pIii o. parilcusars.s sor 1asl n
/ the proof on his part, the cause may Pso-.
ceed at thesrequest of the adverse party,
and Judgment must be given in cen4craai-
/