The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1853-07-21


SEC. 93. In ali cases which. shall be
tried By q jury before a Justice OF the
Peace, either party shall have the right to
except to the opinion Of The Justice uron
any question Of law arising. during the
trial Of the cause; and when ei ther party
shall allege such exception, it sh al te The
duty Of the Justice to sign and seal bill
containing such exception, if truly aileg-
ed, with the point decided, so that the
same may be made part Of the record in
the cause.
Ir6Irmioas
SEC. "a. At any time before trial and
Judgment rendered, TIE plaintiff and de-
fendant, consenting thereto, may have
the cause submitted to the srbitramont
Of three sisintercsted men, wl.o shall BE
chosen by the parties; and if tie arbitra-
tors, represent, they shall hear and &c
ternine tie cause On oath or Affirmation,
to be administered by the justice. But
if the persons chosen as arbi:rators be NO
present. tie Justice shall issue q SUM
mons for them to attend at tie tine and
place appointed for the trial, which shall
be served by any constable, or the par
ties, as they may agree. The fees Of ar
bitrators shall be the same as tEh1;at paid to
jurors.
SEC. 95. When the arbitrators shall
convene and be qualified they shall pro
ceed to hear and determine the cause, and
make out their award in writing, which
shall be vailed when signed by any two Of
them, and return the same to the Justice;
who shall thereupon enter such award on
his docket, and. thereupon render judg-
mems and issue execution, as in other
cases.
SEC. sc. Every judgment rendered on
such award, shall conclude the rights oI
the parties thereto; unless itshal be made
to appear to the Justice Of the Peace who
rendered such judgment, and within ten
days from the rendition Of the same, CT
to the Court of Common EIeas, On ap-
peal. that such award was obtained By
fraud, corruption, or other undue means
SEC. 81, Whenever satisfactory proo
shall headduced before such j ustice with
in the period aforesaid, th&t such award
was obtained by fraud, corruption, OF
other undue means, it shall be coa3petent
for such Justice.to set aside such award
and Lis Judgment, thereon rendered, end
thercuFon proceed to such final trial ana
Judgment, as il such award had never
been made.
SEC. 98. But no appeal shall be allow
ed to the court of common pleas, from {
Judgment Of Justice Of the peace rem
dered On an award, unless the party pray
ing such appeal shall file with snch Jus.
tice an affidavit, therein stating chat h<
or she does verify believe that such aware
was obtained by fraud, corruption; OF
other undue means.
SEC. SO. And if on appeal from tl:cjudg
ment of Justice rendered on any sucl
award, the court Of common pleas shall be
satisfied thatthe award was obtained b.
corruption, or other undue means, such
court shall set aside the award, and pro
ceed to hear snd determine the cause
on the merits, as IN other eases Of ap-
peal.
SEC. Tee. But if the said court shal
he Of opinion that the award was not OBJ
tanned BY fraud, corruption or other IN
due means, they shall render juIgmcn
thereon and for tie costs Of suit; and a
ward execution as il other cases.
Tid Of tie r;yAt ef property .Agssos2, on Q,
caccaed. - ~ !"
SEC 101. When caAl ssfrzalevy J
on or attach property ehaad sB5y a.,y per
son or persons, othess sa}sfs the party a
gainstwhom tie ecusien. or attachment
issued, the CLAIM orasclainants. shal
give three days faace, lin .sssslse, to IL,
plaintiff or his ssasaaa,.slss4 st found with
in the county, then such notice shall b
served by leaving copy thereof at hi
usual place Of abode in such county, o
time and place Of the trial Of tic right t