Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-06

Eagreed upon their verdict, or shall be discharged
Iby the Justice. ~
Sec Sc. When the Jurors shall have agreed
upon their verdict they shall deliver it to the JUS
tice publicly, who shall enter it upon the docket.
+ Sec. 81. Whenever the Justice shallbe sats-.
lisfied that a jury sworn in any cause before him
cannot agree in their verdict after having consult
led upon it reasonable time, he may discharge
them and continue the cause, and may if required
bv etherrparty, proceed to strike another jury as
hereinbefore provided; the cause shall be contin-
Eued to such time the Justice thinks reasonable,
unless the parties or their attorneys agree on a
longer or shorter time, unless they may agree
that the justice may render Judgment on the evil
dence already heard before him.
Sec. 88. 1t shall be lawful for the Justice be-
fore whom cause has been tried, on notion and
being satisfied that the verdict was obtained by
fraud partiality, undue means, at any time
within four days after the entering of Judgment
to grant new trial, and he shall set time for
the new trial, of which the opposite party shall
have at least three days notice.
| Sec. 80. The opposite party shall also have
reasonable notice of such motion for new trial.
If the same is not made on the day of the former
trial, and in the presence of such party, such
tees to be given by the applying party. If the
new trial shall be granted, or the jury be unable
to agree, the proceedings shall be in all respects
as upon the return Of the summons.
Sec. 90. IF either the plaintiff or defendant,
in their bill of particulars, claim more than twen-
of Common Pleas; but if neither party demand
greater sum than twenty dollars, and the case is
! tried by Jury, there shall be no appeal
Sec. 9l If on appeal by the plaintiff, he shall
not recover a larger sum than twenty dollars,
elusive of interest since the rendition of the judg-
ment before the Justice, he shall be adjudgcd t.
Ipay all costs in the Court of Common Pleas, (in-
Guiding fee of five dollars to defendants attor-
lnav1 and in case the defendant shall demand
set-off greater than twenty dollars, and he appeal,
and do not recover twenty dollars, he shall in like
manner pay all costs in the appellate court, nrud
ing like fee to plaintiff s attorney.
Sec. 90. Upon the verdict being delivered to
the Justice, and before judgment being rendered
thereon, each juror shall be entitled to receive
fifty cents at the hands of the successful party,
which shall be taxed in the costs against his ad
versary. When the jury shall be unable to agree
upon verdict the same compensation shall be
paid them by the party calling the jury, and the
same shall be taxed in the cost bill against the
losing party.
Sec. 90. In all cases which shall be tried by
Jury before Justice Of the Peace, either party
shall have the right to except to the opinion of
the Justice upon any question OF law arising dur
ing the trial Of the cause; and when either party
shall allege such exception, it shall be the duty of
the Justice to sign and seal bill, containing such
exception, if truly alleged with the point decided
so that the same may be made part of the record
| in the cause.
Affiliations.
! Sec, "a. At any time before trial and iudg-
ment rendered the plaintiff and defendant con-
sentng thereto, may have the cause submitted to
| the arbitrament of three disinterested men. who
shall be chosen by the parties; and if the arbitra-
tors, be present. they shall hear and determine
the oath affirmation, to be administer
| ed by the Justice. But if the persons chosen
arbitrators be not present, the Justice shall issue
| summons for them to attend at the time and
<.Sal oh hoH
ed by anv constable, or the parties, they may
agree. The fees of arbtrators shall be the same
as that paid to Jurors. ~ 3. --.. .
| Sec 95 When the arbitrators shall convene
| and be qualified, they shall proceed to hear and
determine the cause, and mike out their award in
writing. which shall be valid when stoned by any
two Of them, and return the same to the Justice
who shall thereupon enter such award on his
docket. and thereon render Judgment and issue
execution, as in other cases.
Sec. 96 Every Judgment rendered on such
award, shall conclude the rights of the parties
thereto; unless it shall be made to appear to the
Justice of the Peace who rendered such Judgment,
and within ten days from the rendition ofthe same,
or to the Court Of Common Pleas, on appeal, that
such award was obtained by fraud, corruption or
| other undue means. . ......
Sec. g. Whenever satisfactory proof shall be
adduced before such Justice, within the period
aforesaid that such award was obtained by fraud,
corruption or other undue MEANS it shall be COM
petent for such Justice to set aside such award
and his Judgment thereon rendered. an thereupon
proceed to such final trial and Judgment if such
award had never been made.
Sec. 90. But no appeal shall be allowed to the
court of common pleas, from judgment of JUS
tice of the Peace, render on award unless the
party PRAYING such appeal shallfie with such JUS
tice an affidavit, therein stating that he or she
does verify believe that such award was obtained
by fraud, corruption or other undue means.
Sec. 80. And if an appeal from the Judgment
of Justice rendered on any such award, the
Court of Common Pleas shall be satisfied that the
award was obtained by fraud, corruption or other
Eundue means, such court hall set aside the award
and proceed to hear and determine the cause on
the merits, as in other cases Of appeal.
Sec. 100. But if the said court shall be ofopin-
ion that the award not obtained by fraud, cor
ruption or other undue mears, they shall render
Judgment thereon and for the costs of suit, and
award execution as in other cases. /
Trial Of the right Of property leuied attached
Sec. lol. When constable shall levy on or
attach property, claimed by any person or PERSONS
other than the party against whom the execution
or attachment issued, the claimant or claimants
shall give three days notice, in writing, to the
plaintiff or his agent, or if not found within the
county, then such notice shall be served bv leav
ing copy thereof at his usual place ofsabode in
such county, of the time and place of the trial of
the right to such property which trial shall be had
before some Justice of the township at least one
day prior TO the time appointed for the sale ofsuch
property. - -. ~z,2 .4- -
Sec. lO2. If on the trial the Justice shall be |
satisfied from the proof that the property, any
part thereof, belongs to the claimant or claimants,
such justice shall render judgment against the
party in whose favor such execution or attach
m M hE nd pva ntiOnl