The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-07-01

attend when properly summoned or refusing to
serve when in attendance, sha II be lia BILE TO the
like penalty, and be proceeded against in the
same manner, as witnesses who fail to attend or
refuse to testify.
Sec III. The constable shall be in attendance
on the court at and during the progress of tho
trial, aud il from challenge other cause the
pannel shall not be full, he may fill the same in
the same manner as is done by the sheriff in
the Court Of Common Pleas.
Sec. 81. When jury shall be in attendance
and the cause shall be continued, the jurors must
attend at tho time and place appointed for trial
without further notice.
Sec. e3. IL either party object to the compc.
tency Of a juror, the question thereon must be
tried in summary manner by the Justice, who
may examine the juror or other witnesses under
oath.
Sec. 81. The Justice shall administer an oath
or affirmation to the jury, well aud truly to try
the matter in difference between the parties and
, true verdi It give according to the evidence.
Sec. e5 After the jury shall have been sworn
they shall sit together and hear proofs and allc>
tons Of the parties, and after hearing the same
shall be kept together in some convenient place
| under the charge Of a constable until they have
agreed upon their verdict, or shall be discharged
| by the justice.
Sec. &C. When the jurors shall have agreed upon
their verdict they shall deliver it to the Justice public
| ly, who shall enter it upon his docket.
Sec 81. Whenever the justice shall be satisfied
|
agree in their verdict after having consulted upon il
/ q reasonable time, he may discharge them and com
nue the cause, and may, if required by either party,
proceed to strike another Jury herenbeore provd~
ed; the cause shall be continued to such time as the
justice thinks reasonable unless the parties their
attorneys agree on longeror shorter time, or un-
less they may agree that the Justice NAV render udg~
ment on the evidence already heard betore him.
| Sec 6S. 1t shall he lawful for the Justice before
whom cause has been tried, on motion, and being
satisfied that the verdict obtained by fraud par
nt tNrnp tDtlF
Gays ntter the entering OF judgment, to grant new
trial and he shall set time for the new trial, of
wmch the opposite party shall have at least three
Sec, 49, The opposite party shall also have re-
asonaDle notice OF such motion for trial. the
same ls not made on the day of the former trial, and
IN the presence OF such party, such notice to be given
by the applying party. If the new trial shall be
granted or The jury be unable TO agree, the proceed
lngs shall be in all respects upon the return Of the
summons.
Sec; 90. If either the plaintiff or defendant, in
the,I % Dill OF particulars, claim more than twenty
dollars' tlNe case may be appealed to the court of
common pleas; but if neither party demand great
er sum than twenty dollars, and the is tried by
Jury, there shall be no appeal
sec VI. IL on appeal by the plaintiff, he shall
not recover larger sum than twenty dollars. ex-
cluslVo of interest since the rendition of the judg-
ment before the justice, he shall be adudged to pay
ai COSTS IN the court OF common pleas, (including
lee OF hve dollars, to defendants atorney,l and in
case ease .he defendant shall demand set:of greater
|
cnVer twenty dollars, he shall in like manner pay
an costs IN the appellate court, including like fee
10 Plalntlh s attorney
sec w. Upon the verdict being delivered to the
justice, and before judgment being rendered thereon,
eac juror slla be entitled to receive fifty cents
: m .ne nands OF the successful parry, which shall he
LINZ ."neu IN ne costs against his adversary When the
Jury snail be unable agree upon verdict, the
compensation shall be paid them by the party call
H llie Jury, and the same shall be taxed in the cost
Dill against the losing party.
Sec Or In, oil ,I Il, h. b,
before Justice OF the peace either party shall have
e right to excep; 10 the opinion of the justice upon
any question OF law arising during the trial Of the
cause and when either party shall aIlege such es-
cepon 4 shall be the duty of the justice to sign and
sJal 1lil containing such exception, ii truly aleg-
ed, with the point decided so that the same may be
: iaue part OF the record in the cause.
ARBITRATfONs.
g Sec. 81 AT any time before trial and judgment
rendered, the plaintiff and defendant, consenting
lhere'o may have the cause submitted to the urbra
nent OF three disinterested men who shall be chosen
by the partes and if the abitrators be present. they
shall hear and determine the cause on oath or
: ahrmation, to be administered by the justice. But
II the persons chosen arbtrators be present,
lne Justice shall issue summons for themto attend
at te tlme and place appointed for the trial, which
shall be served BY any constable, or the parties
r lhey may agree. The fees of arbirators shall be-
Y the same us that paid TO Jurors.
a Gee. 20; When the arbitrators shall convene e.
be qualified, they shall proceed to hear and deter
mine the cause, and make out their award in writ
ing which shall be valid when signed 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. &C. Every Judgment rendered on such award
snail conclude the rights OF the parties thereto, un-
less shall be made TO appear to the justice OF the
peace who rendered such jud gment, and within ten
uays from the rendition OF the same, or 20 the court
:. OF common pleas, on appeal, that such award was
, Obtained by fraud corruption, or other undue
u means.
Sec. 81. Whenever satisfactory proof shall be
adduced before such justice, within the period aore-
j. said, that such award was Obtained by fraud cor
rnptlon or other undue MEANS it shall be competent
i Tor such Justice to set aside such award and his
Judgment thereon rendered, and thereupon proceed
to such final trial and udgment, US if such award
had never been made
Sec. 9S. But no appeal shall be allowed to the
court OF common pleas, from judgment oi justice
OF the peace rendered award unless the party
praying such appeal shall file with such justice an
aidaVit therein stating that he she does verify
believe that such award was obtained by fraud cor
ruptlon, or other undue means
Sec: W. And il on appeal from the judgment OF
justice rendered on any such award, the court oi
common pleas shall be satisfied that the award was
obtained by fraud, corruption, other undue means,
such court shall set aside the award, and proceed
hear and determine the cause the merits, as in
/ other cases OF appeal.
Sec, 100. But it the said court shall be of opin-
ion that the award was not obtained by fraud cor
ruptlon, or other undue means, they shall render
Judgment thereon, and for the costs Of suit and
, award execution as in other cases.
Trial of the right of property levied on or,
Attached.
: Sec l0l. When constable shall levy on or at.
tach property claimed by any person or PERSONS 9th,
or than the party against whom the execution or al.
tachment issued the claimant or claimants shall
give three days notice, in writing to the plaintiff or
his agent, or il not found within the county then
such notice shall be served by leaving copy thereof
at his usual place of abode in such county, of the
time and place OF the trial OF the right to such pro.
pery, which trial shall be had before some Justice of
the township mt least day prior to the time an.
pointed for the sale OF such property.
Sec l02 If on the trial the Justice shall be sati,
fled from the proof that the property or any part
thereof, belongs to the claimant or claimants such
JUS ice 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 restore the
| same, or much thereof as may have been found
to belong to such claimant or claimants
Sec. 1903 But il the claimant or claimants fail IN
establish his their right such property or to any
part thereof, the justice shall render Judgment a,
gains such claimant or claimants for the costs that
Il haNIA i