Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-07-07
Justice of the Peace.

1
such summons by personal servie,
Thereof, and return the same endorsed
with the names of the persons sum
moned, at the time appointed for tht
trial of the cause. ~ -
Sec. 80. Jurors for neglecting or re
fusing to attend when properly sum
moned, or refusing to serve when in at
Tendance, shall be liable to the like pen
atty, and be proceeded against in same
manner, as Witnesses who fail to attend
or refuse to testify.
Sec. 81. The constable shall be in at
tendance on the court at and during
the progress of the trial, and if from
challenge or 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. 80. When Jury shall be in at
tendance and the cause shall be con-
tinued, the jurors must attend at the
time and place appointed for trial with
out further notice.
Sec. 80. If either party object to the
competency of a juror, the question
thereon must be tried in summary
manner by the Justice, who may ex-
anime the juror or other witness under
oath.
Sec. "a. The Justice shall adminis-
ter an oath or affirmation to the jury,
well and truly to try the matter in diff
ference between the parties and true
verdict give according to the evidence.
Sec. 85. After the jury shall have
been sworn they shall sit together and
hear proofs and allegations of the par
ties, and after hearing the same shall
be kept together in some convenient
place under the charge of constable
until they have agreed upon their YER
dict, or shall be discharged by the Jus
tice.
Sec IS When the jurors shall have
agreed upon their verdict they shall
deliver it to the Justice publicly, who
shall enter it upon the docket.
Sec. 81. Whenever the justice shall
be satisfied that jury sworn in any
cause before him cannot agree in their
verdict after having consulted upon it a
reasonable time, he may discharge them
and continue the cause, and may, if re-
quired by either party, proceed to strike
another jury as hereinbefore provided;
the cause shall be continued to such
time as the Justice thinks reasonable,
unless the parties or their attorneys
agree on longer or shorter time, or un-
less they may agree. that the Justice
may render judgment on the evidence
already heard before him.
Sec. 88. 1t shall be lawful for the
Justice before whom cause has been
tried, on motion. and being satisfied that
the verdict was obtained by fraud,
partiality, or undue means, at any time
within four days after the entering of
judgment, 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.
Sec. 80. The opposite party shall
also have a reasonable notice of such
motion for new trial, if the same is
not made on the day of the former trial,
and in the presence of such party. such
notices to be given by the applying
party If the new trial shall be
granted, or the jury be unable to agree,
the proceedings shall be in all respects
as upon the return of the summons.
: Sec. go. If either the plaintiff or de-
fendant, in their bill Of particulars,
claim more than twenty dollars, the
case may be appealed to the Court of
Common Pleas; but if neither party
demand greater sum than twenty
dollars, and the case is tried by Jury,
there shall be no appeal - -
Sec. 81. If on appeal by the plaintiff
he shall not recovera larger sum than
twenty dollars, exclusive of interest
since the rendition of the Judgment be-
fore the Justice, he shall be adiudged
to pay all costs in the Court of Common
Pleas, Including fee of FIVE dollars,
to defendants attorney, and in case the
defendant shall demand set-off greater
than twenty dollars, and he appeal, and
do not recover twenty dollars, he shall
in like manner pay all costs in the ap-
pellate court, including ike fee to
plaintiffs attorney.
Sec. 92. Upon the verdict being de-
liyered to the Justice, and before Iudg-
ment being rendered thereon, each Juror
shall be entitled to received fifty cents
at the hands of the successful party,
which shall be taxed in the costs against
his adversary. When the Jury shall be |
unable to agree upon a verdict, the same
compensation shall be. paid them by the /
party calling the jury, and the same
shall be taxed in the cost bill against the
losing party.
Sec. SO. In all cases which shall be
tired by jury before Justice of the
Peace, either party shall have the right
to except to tie opinion of the Justice
upon any question Of law arising during
the trial of the cause; and when either !