Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-07-16


jurors must attend at the time and place APP
pointed for trial without further notice.
Sec. SO. If either party object to the COM
potency Of a juror, the question must be tried
10 summary manner by the Justice, who may
examine the Juror or other witness under oath
Sec 81. The Justice shall administer an
oath or affirmation to the jury we'll and truly
to try the matter in difference between the
parties and a true verdict give according to
the evidence.
Sec 80. After the jury shall have been
sworn they shall sit together and hear proofs
and allegations Of the parties, and after hear
ing the same shall be kept together in some
convenient place under the charge Of con-
stable until they have agreed upon their ver-
dict, or shall be discharged by the Justice.
Sec. sc. When the jurors shall have agreed
upon their verdict they shall deliver il to the
Justice publicly, who shall enter it upon the
docket
Sec. g. Whenever the Justice shall be
satisfied that jury sworn in any cause before
him cannot agree in their verdict after having
consulted upon it reasonable time, he may
discharge them and continue the cause, and
may II required by either party, proceed to
strike another jury as hereinbefore provided );
the cause shall be continued to such time as
the Justice thinks reasonable, unless the par
ties or their attorneys agree on longer or
shorter time, or unless they may agree that
the Justice may render judgment or the evi-
dence already heard before him.
Sec. 8s. 1t shall be lawful for the Justice
before whom a cause has been tried on mo-
tion, and being satisfied that the verdict was
obtained by fraud partially, or undue means,
at any time within four days after entering of
judgment, TO grant a new trial and he shall
set time for the new trial, of which the op-
poste party shall have at least three days no.
tice.
Sec SO. The opposite party shall also have
a 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 par
ty, such notices to be given by the apply ing
party. If the new tgial 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
twenty dollars, the case may be appealed to
the Court of Common Pleas; but if neither
party demand greater sum than twenty
dollars, and the caseis tried by jury there
shall be no appeal.
Sec 9l If on appeal by the plaintiff, he
shall not recover larger sum than twenty
dollars, exclusive of interest since the rendi-
ton of the judgement before the Jastice. he
shall be adjudged to pay all costs in the Court
of Common Please, (includng a fee of FIVE
dollars to defendants attorney,) and in case
the defendant shall demand a set-off greater
than twcu'y dollars and he appeal aud do
not recover twenty dollars he shall in like
manner pay all costs in the appellate court
including a like fee to plaintiffs attorney.
Sec 92. Upon the verdict being deliver
ed % the Justice, and before Judgement being
rendered thereon, each juror shall be entitled
to receive fifty cents at the hands of the sue
cessful party, which shall be taxed iu the
costs against his adversary. 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. 93. In all casses which shall be tried
by jury before Justice of the peace, either
party shall have right TO except the opinion
OF the Justice upon any question law which
may arise during the trial of the cause and
when either party shall alledge such exception,
it shall be the duty of the Justice to sign and
seal bill. containing such exception, # truly
alledged with the point decided, SO that the
same may be made part of the record in the
cause.
Ar5itratsoas.