Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1853-07-19
ARTICLE v.
ADJoU URN MEN

~ 4
Sec. 62. Upon the return day, if jury
be required, or II the Justice be actually
engaged in other official business, he may
adjourn the trial without the consen, Of ei.
Iher party as follows: s4'E
/. Where party is hi attendance, who
is not resident Of the county, or where the
defendant is in attendance under srres,, the
adjQurnmsnknelt ID exceed. fnriy.eiehshoa
and ihe delehddnts u under arrest, % cons
,inue in custody. II Is. .qi
z. In other cases, not 10 exceed eight
days, unless by consent Of parties. Ir the
trial be not adjourned, il must take place
Immediately upon the return Of the sum-
mons.
Sec. So. The trial may be dloufhed upon
The application Of either party, wi,hou, the
consent of The other, for period not ex.
ceeding thirty days, as follows,
The party asking the adjournment must,
il required by his adversary, prove by his
own oath, or otherwise, that he cannot, for
wan. OF material testimony, which he ex-
pecls TO procure, safely proceed to trial.
Sec. "a. An adjournmen, may be had Ell.
lher al the return day, or at any subsequent
time 10 which the cause may stand adjourn
ed, on application of either party, for Pc
rod longer than thirty days, but not to ex.
ceed ninety days from the time of the re.
turn oi the summons, upon compliance with
The provisions Of the preceding section, and
upon proof by The oath Of The party or 9th.
erwise. 10 the satisfaction Of the Justice,
that such party canno, be ready for trial be:
fore the time TO which he desires an ad-
journmen. for the want Of material evidence.
describing it, that the delay has not been
made necessary by any act or negligence on
his part since the action was commenced;
and that he expects to procure the evidences
a. The time snled by him.
ARTICLE vi.
WITNESS.
Sec. 65. Any justice may issue subpenaa
TO compel the attendance OF witnesses TO give
evidence on any trial pending before himself,
or for the purpose of taking deposilions or 10
perpe,udte testimony. ....
Sec. &c. A subpoena may be served by q
constable or any oher person, and shall bs
served by reading The same or stating the
contents thereof to the witness, or by eav..
ing copy thereof at his usual place Of res.
idence.
Sec. Ct. When not served by constable
or some person depu,ed for that purpose by
a Justice. no fees shall be charged for serving
il.
Sec. 60. If any witness having been SUBJ
pGnaed, and be not examined by either par.
sy. the costs of such Witnesses shall be paid
by The party ordering The subpoena, nnless
the adverse party by confessing the matter
or otherwise, render unnecessary the exam.
inalion Of such witness.
Sec. SO. Whenever i, shall appear 10 the
satisfaction OF n jus.ice, by proof made before
him, that any person has been duly served
with subpoena to appear and give ,eslimo.
ny before him in any matter in which he has
authority 10 require such witness 10 appear
and testify, that his testimony is material
and that he refuses or neglects 10 attend as
such witness in conformity with such sub.
pena, the Justice shall issue warrant 10
arrest the delinquen, for the purpose OF com.
peling his attendance and furnishing his dis:
obedience.
| Sec. ~. When the person arrested is
brought before the justice or when person
in attendance refuses TO testify as a witness,
and no valid excuse be shown the Justice may
impose fine on him no, exceeding five dol.
lars. An entry Of such fine stating The rea.
son therefor, must be made by The Justice in
his docket, and thereupon shall have the ef-
feet OF judgement in favor Of the State Of
Ohio against the delinquent. and niGy be en-.
forced agains, his person or property.
Sec. H. Every person subpenaed as
aforesaid, and neglecting to appear or refusing
TO testify, shall also be liable 10 the party in
whose behalf he shall have been subponaed,
for all damages which such party shall sus'
lain by reason Of such delinquency.
tJEPosiTIoNs
Sec. ~. Dispositions may be taken TO- be
be read in any cause pending before jus.
ice of the Peace. in like manner and subject
10 the same restrictions and rules Of law as
in cases pending in the CourI Of Common
Pleas.