Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1853-07-26

! which mic ~ esPscis - Pssss - { mi
| See, 81. ~ sdjousnmsn, luay u bSsa
either u tshe return day. Of g ant iaEI;s
ssqoent time 10 which lhs tsuss ihsY
stand sdjourneA, on appIi6ssieh arei;
the' Psry,fof period longer tksHs %
days, but not 10 exceed 20 days from
the time of the return Of the sum.
mons, upon compliance with the pro.
visions of tho pseceeding section, and
upon proof by The oath Of tho p,rty ef
otherwise, 10 tho ssiisfs ction Of The JOS,
uce, that such party cannot be seaiyfof
trial before the time to which he desires
nm adjournment lor the want olmateFist
evidence, describing it.ha, the delay has
not been Inade necessary by any Get, or
negligence on his part since the seton
was commenced, ond that he expects 10
procure the evidence st the Time stated
by him.
ARTICLE VI. .'.sl ~. 7,
wirxEss. ~
Sec. OS Any Justice may Issue sub
penos TO compel the attendance Of wit.
nesses to give evidence on any idal pen.
ding before himself, or for the purpose Of
taking dispositions, or to perpe,uate .es.
timony.
Sec. &c A subpoena may be servel by.
o constable OF any other person, and
shall be served by reading the same OF
stating the contents thereof 10 the wit.
ness. or by leaving a copy thereof at its
usual place Of residence.
Sec. 07 When not served by q constable
or some person dcputed for that purpose
by a Justice, no fees shall be charged for
tho suit Observing it.
Sec. 6s If ony witness having been
subpened, attenl ana be not examined
by either party. the costs cf such witness
shall'be paid by The party ordering the
subpoena, unless the adverse party, by
conlsssing the matter OF otherwise, rsn.
der unnecessary the examination Of such
witness.
Sec. 80 Whenever it shall appear to
the satisfaction Of q Justice, by proof,
made before him, that any person has
been duly served with snbpoona 10 ap.
pear and give testimony before him iu
any matter in which he has aut! ori,y 10
require such witness to appear and testi.
~, that his testimony Is material snd
that he refuses or neglects TO attend 40
such witness in conformity with such
subpoena. the Justice shall issue wa:.
rant TO arrest the delinquent for the pur.
pose Of compelling his attendance and
Furnishing his disobeJience.
Sec. 20 When the pe,son arrested 10
brough, before the Justice or when per.
son in attendance refuses 10 testify ias I
witness, an no valit excuse be shown,
the Justice may impose fine on him not
exceeding FIVE dollars. An entry Of such
6ne stating the reason therefor, must be
made by the Justice in his docket, anu
,hereupon shall have the effect Of judg.
ment in favor Of tie State Of Ohio q.
gainst the delinquent, aud may Be On.
forced dgsinss his person or properly. .s
Sec.-7l Every person subp1ned as
aforesaid, an | neslscting to appear or 70.
fnsing to testify, shall also be liable to (
the party in whose behalf he shall have
been subpenel. fof all damages which
such party shall sustain By reason ofsuch
delinquency.
nEPosITIoss.
Sec. 72 Dispositions M y be taken 10
be read in any cause pending before
Justice Of the Peace. in like manner end
subject to the same restrictions AMI rules
Of law as in cases pending in the Court
Of Common Pleas. s...'. :, !.