The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-07-20

I
having consulted upon it a reasonable time.
he may discharge them and continue the
cause, and may, if required BY either par.
ty. proceed to strike another Jury al hersA
in before provided; the cause shall be con-
tinued To such time as the justice thinks
reasonable, unless the parties or their attorS
neys agree on q longer or a shorter time, or
unless they may agree that the Justice may
render judgement on the evidence Already
heard before him. s'f
See. 88. II shall be lawful for the jns-
tice before whom cause has been tried, on
motion, and being satisfied that the ver-
dict was obtained by fraud, Partially. or
undue means, at any time within four days
after the entering of judgement, to grant =
new trial and he shall set time for the new
trial, of which the opposite party shall have
at least three days notice. iai ,gg.u
Sec. 80. The opposite party shall also
have reasonable notice of such motion for
a new trial, if the same is not made on tae.
day of the iormer trial, and in the presence
Of such party. II the new trial shall be
granted, or the jury be unable to agree, the
proceedings shall be in all respects as upon
the returen of the summons. 7ta fh
Sec. 80. If either the plaintiff or defen-
dtan in theirbill of particulars, claim more
than $50 the case may be appealed to the
Court of Common Pleas; but if neither par
ty demand greater sum than $50, and
the case is tried by jury, there shall be no
appeal. 6u Wf
Sec. 81. If on appeal by the plaintiff 10
shall not recover larger sum than $50, ex-'
elusive of interest since the redItion of the
judgement before the Justice, be shall be
adjudged to pay all the costs in the CourE
af Common Pleas, (incuding fee OF S5.
to defendants attorney and in case the ds-
endant shall demand u set-oH greater than
$50, he he shall in like manner pay all costss
in the appellate court, Including a like fee 10
plaintiffs attorney.
Sec 90. Upon the verdict being delivcr-7
ed to the justice, and before judgement be-
ing rendered thereon, each juror shall be
entitled to receive fifty cents at the hands
of the successful party, which shall be taxes
ed in Il e costs against his adyerSary.----s
When the jury shall be unable to agree up
on verdict, the snme compensation SHALL
be paid them by the party calling the iurya
|
bill against the losing party. IS. aj4assi.g
Sec. SO. IN all cases which shall be tried
by jury before Justice of the Peace. eli /
party shall have the right to except to the
opinion Of the Justice upon any question of
law arising during the trial of the cause;
aud when either party shall allege such ex -1
ception, ii shall be the duty of the Justice
to sign and seal bill, containing such ek-
cepton, iftruy alledged, with the point de-
cided, SO that the same may be made part
of the record in the cause, gl4,l4l
| Arbarations. @
Sec. 81. At any time before trial and
judgement rendered, the plaintiff and de-
fendant consenting thereto, may have tha
cause submitted TO the srbtrament Of three
dsintele estcd men, who shall be chosen by
the parties; any if the arbisrators, be
present. they shall hear and determine the
cause on oath or Affirmation, to be admin
istered by the Justice. But if the persons
chosen as arbtrators be not present. tho
Justice shall issue summons for them to
attend at the time and place appointed for
the trial, which shall be served byany
constable, or the parties, as they may
agree. The fees of arbitrators shall be tho
same as that paid to jurors.
Sec. So. When the arbitrators shall
convene and be qualified, they shall pro-
ceed to hear and determine the cause, AMI
make out their award in writing, 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 judgements
and issue execution, as in other cases.
Sec. SO. Every judgement rendered on
such award, shall conclude the rights Of
the parties thereto; unless it shall te made
to appear to the Justice Of the Peace who
rendered such judgment, and within ten
days from the rendition of the same or to
the Court Of Common Pleas on appeal.
that snch award was obtained by fraud. eox1
ruption, or other undue means.
Sec. 81. Whenever satisfactory proof
shall be adduced before such Justice with
in the period aforesaid, that such award
was obtained by frau |, corruption. or other
undue means, it shall be competent for such
Justice to set aside such award and his
judgment thereon rendered, and thereupon
proceed to such final trial and judgement.
as if such award had never been made.
/ Sec, SO. But no appeal shall be allowed
to the court Of common pleas, from aiulgc-
ment of Justice Of the Peace rendered on
an award unless the party praying such ap-
peal shall file with such Justice al affidavit
therein stating that he or she does verify
believe that such award was obtained BY
fraud corruption, or other undue means.
Sec. SO. And &on appeal frora,the iudc.
ment Of Justice rendered on sxly such
taward, the Court Of Common Pleas shall
be satisfied that the award was Obtained
by fraud, corruption, or other undue means.
: such court shall set aside tha award. and
proceed to hear and determine tie cause
on the merits, as in other cases OF fapeal.
, Sec. 100. Buff the said court shall be
efopinion that Che award was not obtained BY
fraud, corruption or other undue ii ans.
they shall render Judgment thereon End for
, the costs Of suit, and award execution az in.
other caseA NJ.
, Trial " Ae right Of property lspisSo,s ar a.,
tached.
Sec., IQl. When constable shall levy
on or attach property: claimed BY any per-
son or persons, other than the party against
4 whom the execution or attachment asueds
the claimantor claimants shall give lhreo'
ldaya notice. in WritinV to Eha niasnt;fF - i;.