The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-07-06
LA W S OF OHIO:
PUBLISHED BY. AUTHORITY.

PUBLISHED BY AUTHORITY.
AN ACT
OF the Jurisdiction and Procedure before
Justices of the Peace, and of the Duties
of Constables in Civil Cases.
CONTINUED FROM LAST WEEK.
ARTICLE vi.
65. Any justice may issue subpenas
to compel the attendance of witnesses to
give evidence on any trial pending before
himself, or for the purpose of taking depo-
sitions, or to perpetuate testimony.
Sc. A subpoena may be served by a
constable or any other person, and shall
be served by reading the same or stating
the contents thereof TO the witness, or by
leaving copy thereof at his usual place
OF residence.
81. When not served by constable
or some person deputed for that purpose
by justice, no fees shall be charged in
the suit for serving it.
! 68. II any witness having been sub
penaed, attend and be not examined by
either party, the costs of such witness shall
be paid by the party ordering the subpoena
unless the adverse party, by confessine
the matter or otherwise, render unneces
sary the examination of such witness.
| 969. Whenever it shall appear to the
satisfaction of justice, bv proof made be
fore him, that any person has been duly
served with subpoena to appear and give
testimony before him in any matter ir
which he has authority to require sucf
witness to appear and testify, that his tes
timony is material and that he refuses o.
neglects to attend as such witness in con
formity with such subpoena, the justice
shall issue warrant to arrest the delin
quent for the purpose of compelling his al
tendance and Furnishing his disobedience
I 70. When the person arrested i!
brought before the justice, or when a per
son in attendance refuses to testify as 6
witness, and no valid excuse be shown
the Justice may impose fine on him no
exceeding five dollars. An entry of sucf
fine stating the reason therefor, must b.
made by the Justice in his docket, ant
thereupon shall have the effect Of q judg
ment in favor OF the State Of Ohio agains
the delinquent, and may be enforced a
gainst his person or property.
| II. Every person subpenaed as a
foresaid, and neglecting to appear or re
fusng to testify, shall also be liable to TIL
party in whose behalf he shall have beer
subpenaed, for all damages which sucl
party shall sustain by reason ofsuch delin
Iquency.
DarosiTIoNs.
I 72. Dispositions may be taken 10 b
read in any cause pending before justic
of the peace, in like manner and su5iea
to the same restrictions and rules Of la,
as in cases pending in.the court of com
mon pleas.
ARTICLE VII.
}, THE TRIAL AND ITS INCIDENTS.
4 ; 73. At the time appointed for trial
J if no jury shall have been demanded b
either party, the justice shall proceed I
, try the action, shall hear the proofs AM
D determine the cause according to law an
the right.
Il IA. Where parties agree to ente
, without process before a justice, any &C
: ton of which such justice has cognizance
docket and proceed to trial, Judgment an
i execution, in all respects in the same man
ner as if summons had been issued ser,
:. ed and ts
JURY.
3 rs In all civil actions after an ar
pearance Of the defendent, and before tn
court shall proceed to enquire into tn
, merits Of the cause, either party may dc
mand jury to try the action. which jur
shall be composed of six good and lawf.
men, having the qualifications of electors
unless the parties shall agree on les
number.
976. When jury is demanded tn
!. trial Of the case must be adjourned unit
> time fixed for the return of the jury.
neither party desire an adjournment, tn
time must be determined by the justice
and must be on the same day, or with
: the next two days; the jury must be immt
diately selected, as herein provided.
II. The justice shall write in par
mel. the names OF eighteen persons, citizen
: of the township, or if the action be one
which the jurisdiction is not limited to tn
I township, then citizens of the county, tror
which the defendant, his agent or attol
ney, shall strike one name, the plaintiff
(, his agent or attorney, one, and so altel
, , nately until each shall have stricken 81
names, and the remaining six shall cor
stitute the jury to try such case, and
!, , either party neglect, or refuse TO aid i
striking the jury as aforesaid, the justic
shall strike the same in behalf Of such pal
, ty.
; 70. The justice thereupon shall issu
; summons for the jury. in which the 70
!. lowing form shall be observed in substanc
as near as practicable:
The State of Ohio, county:
To-Constable Of township
You are hereby commanded to sum
at --A---- in said township. on tn
4, -- day of -, A. D, at -----
clock IN the noon, to serve as
{ Juror in case pending before me, the
and there to be tried. And this they sha
in nowise omit.
; And have you then there this writ wit
E your doings thereon.
Given under my hand Mis- da
Eof-- A. ?, --r-s