The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1853-07-14


Sec. 9S. In all cases which shall b
tried by jury before a Justice Of III
Peace, either party shall have the right
except to the opinion Of the Justice upo
any question Of law arising during tn
trial Of the cause; and when either part
shall allegate such exception, it shall b
the duty OF the Justice to sign and seal
bill containing such exception, if trul
alledged with the point decided, SO thi
the same may be made part OF the recor
in the cause.
ArbitratiOns.
] Sec. 81. AT any time before trial an
Judgment rendered, the plaintiffand delen
dant. consenting thereto, may have tn
cause submitted TO the arbitrament {
three disinterested men, who shall be cho
sen by the parties; and il the arbitrators
be present, they shall hear and determin
the cause on oath or affirmation, to b
administered by the Justice. But if th
persons chosen as arbitraiors be not pres
ent, the Justice shall issue summon
for them to attend at the time and plac,
appointed for the trial. which shall b,
served by any constable, or the parties
as they may aggree, The fees of arbi
traitors shall be the same as that paid Il
Jurors.
Sec. 95. When the arbitrators shal
convene and be qualified, they shall pro
ceed to hear and determine the cause
and make out their award in wiring
which shall be valid when signed by any
two of them, and return the same TO tht
Justice; who shall thereupon enter suct
award on his docket, and thereon render
judgment and issue execution, as in othel
cases.
Sec. SO. Every judgment rendered or
such award, shall conclude the rights
OF the parties thereto; unless it shall be
made 10 appear TO the Justice OF the
Peace who rendered such judgment, and
within ten days from the rendition oil the
same, or TO the Court OF Common Pleas
on appeal. that such award was obtained
by fraud, corruption, or other undue
means.
Sec. 81. Whenever satisfactory prooI
shall be adduced before such Justice
within the period aforesaid, that such
award was obtained by fraud, corruption
or other undue means, ii shall be competent
for such Justice TO set aside such award
and his judgment thereon rendered, and
thereupon proceed TO such final trial and
judgment, as if such award had never
been made.
Sec. 98. But no appeal shall be allow
ed to tn Court of Common Pleas render.
ed on an award, unless the party praying
such appeal shall file with such Justice
an affidavit, therein stating that he or she
does verify believe that such award was
obtained by fraud, corruption, or other
undue means.
Sec. SO. And if on appeal from the
judgment of a Justice rendered on any
such award, the Court of Common Pleas
shall be satisfied that the award was OBJ.
tanned by fraud, corruption, or other un.
due means, such court shall set aside the
award, and proceed to hear and deter.
mine the cause ON the merits, as in other
cases OF appeal.
Sec. 100. But il the said court shall
be of opinion that the award was not OBJ.
tanned by fraud, corruption or other un-
due means, they shall render judgment
thereon and for the costs Of suit, and
award execution as in other cases.
TRIAL OF THE RIGHT OF PROPER
y Tx LEVIED ON Or ATTACHED.
Sec. l0l. When constable shall levy
IN or attach property, claimed by any
person or persons, other than the party
against whom the execution or attach.
1|nent issued. the claimant or claimants
shall give three days notice, in writing,
40 the plaintiff or his agent, or ifnot found
within the county, then such notice shall
be served by leaving a copy thereof at his
usual place of abode in such county, OF
the time and place OF the trial of ri hit TO
such property, which trial shall be had
Ibe.ore some Justice Of the township at
least one day prior to the time appointed
for the sale OF such property.
Sec. l02. II on the trial Of the Justice
shall be satisfied from the proof that the
property, or any part thereof, belongs to
the claimants, such Justice shall render
judgment against the party in whose favor
such execution or attachment issued for
the costs and issue execution therefor.
and shall, moreover, give written order
TO the constable who levied on, or who
may be charged with the duty Of selling
such property, directing him to restore
the same, or SO much thereof as may
have been found to belong to such clai.
msnt or claimants.
Sec. 1903. But if the claimant or clai-
mats fail to establish his or their right TO
such property or to any part thereof, the
Justice shall render judgment against
such claimant or claimants for the costs
that have accrued on account Of such
trial, and issue execution therefor, and
the constable shall not be liable TO the
claimant or claimants for the property SO
taken.
ARTICLE VIII.
JUDGMENTS.
c. fnA H. al AZ thn aal;on he