Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1853-07-19
Justice of the Peace.

Sec. 70. The constable shall serve such
summons by personal service thereof. and
return the same endorsed with The names oI
persons summoned, at The time appointed
Tor The trial of the cause.
Sic. 80. Jurors tey negec,ing OF refusing
to attend when properly ssmmcned, or re
fusing 10 serve when in attendance, shall be
,iuble to,he like penalty, aad be proceeded
against in the same manner, as witnesses
who tail 10 attend or refuse 10 testify.
Sec. 81. The constable shall be in attend
ance on the court al and during the prog.
ress of the trial, and if from challenge or
any other cause the pannel shall not be full,
he may fill 10 the same manner il is done by
the sheriff in the Court bf Common Pleas,
Sec. SO. When the jury shall be in allen.
dance and the cause shall be continued, the
jurors mus, attend a, the time and place ap.
pointed wihou, further notice.
Sec. SO. II either party objec, to the com.
potency Of juror, the question thereon
must be tried in summary manner by the
Justice, who may examine the juror or Other
witness under oath.
Sec. "a. The Justice shall administer ar
oath Of affirmation TO The jury. well and iruly
10 try the matter in difference between The
parties and arue verdict give according tc
the evidence.
Sec. 85. After the jury shall have beer
sworn they shall 81, together and hear proofs
and allegations Of The parties, and after hear.
ing the same shall be kept Together in some
coyenient place under the charge Of con.
sable until they have agreed upon their YER
dict, or Shalt be discharged by the JUS
,icc.
Sec. 86. When.he Jurors hall have agreed
upon their verdic. they shall deliver i, 10 the
Justice publicly, who shall enser i, upon the
docket.
SEC. 81. Whenever the Justice shall bt
SATISFIED mat a jury sworn in any cause be
fore him cannot agree in their verdict a(lel
haV'nS consulted upon it reasonable time
ne may discharge Them and continue the
cause, and may, II required by either party
proceed TO strike another jury as herein pro.
vided; the cause shall be continued to such
Tune as the justice thinks reasonable, unless
the parties or tn cir attorneys agree on lon
ger or shorter time, or unless they may agree
Thai the Justice may render judgemen, on
the evidence already heard before him.
Sec. SO. II shall be lawful for The Justice
before whom The cause has been tried, on
mo.ion and being satisfied .ha, the verdicl
was ob.ained by fraud, par.iality, or undue
means, a, any time within four days after
entering the judgment, to grant a new trial
and he shall set time for the new trial, ol
which the opposite party shall have al leas
three days notice.
Sec. 80. The opposite party shall alro h,y,
reasonable notice Of such mo,;on ,or
new trial. il the same is no, ms, do an the do
Of the former trial, aud in the presence O
such parry, such notices TO DC given by m
applying party. Ii the new trial shall b.
granted, OF me lpfy oe unable to agree, III,
proceedings shal.' be in all respects as upo1
return of the COMMONS.
SOC. W. II either tho pIaia,iG or defendant
IN their Oil Of particulars, claim more ,ha,
.weGy dollars, the case may be appealed Il
the Court Of Common Pleas; but il nelhe
party demand greater sum than twent,
dollars, and the case is tried oy jury Their
shall be no appeal
Sec. 81. If on appeal by she plaintiff h
shall not recover larger sum than ,wen,,
dollars, exclusive of interest since the rendi
ton OF the judgmen. before The Justice, n
shall be adjudged TO pay all costs to the Cou,
Of Common Pleas, (including Zee Of fiv
dollars 10 defendants a,torney,) and in cas-
the defendant shall demand se,.off create
than twenty dollars, he shall in like man
ner pay all costs in the appellate cour, inclu
ding alike fee to the ploinliffs attorney.
Sec, 69. Upon the verdict being deivere
TO the justice, and before judgment bein
rendered thereon, each Juror shall be en,ille
TO receive fifty GEMS from The hands of III
successful party, which shall be taxed in III
COSTS against his adversary. When the ju
ry shall be unable 10 agree upon verdic
The same compensation shall bo paid ther
by the party calling the jury, and III
same shall bo taxed in the COS. bill agains
ibe losing party.
Sec SO. In all cases which shall bo ,re
by jury before Justice of the Pence, e
Ihcr party shall have right 10 excep. 10 III
opinion Of the justice upon any question
law arising during the trial of The caus
and when either party shall allege such e!
cepIion, il shall be the duty Of n Justice
sign and seal a bill containing. such exec
,ion, ,jf truly alleged with the point decided,
that the same may be made part of the re
ord in The cause.
Zee %. A. any time before trial and jud
naent rendered, the plaintiff and defenda
conserving thereto, may have the cause su
.gRted 10 4he arbIrament ofthree dsinteret
ed men. who shall be chosen BY The parie
and II the arbiWators be present they shJ
hear and determne che cause, on oath or
ihrma.ioa, 10 be administered by The JusIio
Buff the persons chosen as nrbinaIors
no, present The Justice shall issue summon
for them to sueud a. the lime and place al
pointed for itial, which shall be served
any constable, or The parties as they ma
ngree. The fees Of arbiwa,ors may be th
same as llial Paidlo the jurors.
Sec, 95. When the RSbiusioxs shall cor
Vene and be qualified, they shall proceed I
hear and determine the cause, and make OF
their award in writing, which shall be val
Thep signed by any two Of lhem, and Teiui