Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1853-07-26
.,,,, Justice Of the Peace.
Sec 70 The constablc shall serve such

vumneuashy q personsl service, thereof,
end .se,urn the same cnlorsc! With The
names Of the persons summoned, Al the
time appointed for the trial ofthc cause
Sec, 80 Julors for neglec,ing or refls.
ing 10 attend when properly summoned,
Or refusing to serve when in Attendance,
shall be liable 10 tho ike penalty, and
DO procecde,l agains, in same manner, as
witnesses who 1ail 70 attend OF refuse to
testify. '"''' 'es ~ 'g
Sec. 81 The constable shall be in at.
tendance on the court at and during the
progress of the trial, and If from chal.
lcnge OF other cause the panncl shall not
be full. be may fill the same in the same
manner as is done by the sheriff in the
Court Of Common Pleas.
Sec. 81 When jury SHALL be in at.
tendance and the cause shall be contn.
ued, the Jurors must attend a, the time
and place appointed for trial without
further notice.
Sec. 80 If either party object to the
competency Of jnror, the question there.
on must be tried in summary manner
by the Justice, who may examine the ju'
ror or other witness under oath.
Sec. 81 The Justice shall administer
an oath or aflimatom TO the jury, wei
and truly to try the matter in difference
between the parties and true verdict
give according to the evidence.
Sec. IS Alter the jury shall have been
sworn they shall 81. together and hear
proofs and allegations Of the parties. and
after hearing the sa.ac shall be kept to-
se,her in some convenient place under
the charge of a constable until they have
agreed upon their vcrlict and shall be
discharged by the Justice.
Sec. SO When the jurors shall have
agreed upon their verdict they shall de.
liver it TO the Justice publicly, who s!.all
enter i. 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 reason.
able time. hc may discharge them and
cOntimc the cause, and may ifrequiIcd by either
psrty, proceed to strike another jury as herein
before provided; tic cause shsll be con-
timed to such time as the Justice thinks
reasonable, unless the parties OF their at
torneys agree on longer or shorter time
or unless they may agree that the Justice
may render judgment on the evdcdcc al.
ready heard before him.
Sec. SO Itshull be lawful for the Jus.
tlce before whom cause has been tried
on motion, and on being satisfied that
the verdict vas obtained by feaud, par
TALLY OF undue means, at any time with.
in four days after the entering Of juJg.
ment, to grant new trial, and he shall
set time for the new trial, of which the
opposite patty shall also have ut least
three days notice.
Sec. 80 The opposite party shall also
have a reasonable notice oi such aelios
for a new trial, il the same is not made
on the day Of the forWe< trial, and in the
presence ofsucll party, such notices TO be
given by The applying parry. 1.-THE new
srial shall be granted or the jury be un.
able to agree, the proceedings shall! be in
oil respects as upon the return Of the
summons.
Sec. 90 lfeither the plaintiff or defen.
dant, in their bill Of particulars, claim
snosc chan twenty dollars, The case may
be appealed to the Court Of Common
Pleas; but il neither party demand a
greater sum than twenty dollars, and the
cnse is tried by jury, there shall be no ap.
peal. y
Sec 81 IT an appeal by tho plaintiff
he shall not recover larger sum than
twenty dollars, exclusive ofintercst since
the rcaIition Of the judgment before the
Justice, he shalt be a'Ijudged to pay all
costs in the Court of C ommon Pleas, in
cluding fee of FIVE dollars, to defend.
ants Attorney and ia case the defend.
ant shall dc.aana set-oG gseater than
twenty dollars. and he appeal, anI do
Rot recover twenty dollars, he shall in
like manner pay all costs in the appel.
late cosst, including like fec to plain
riffs attorney.
Sec. 90 Upon verdict being deliver.
ed TO the Justice, AMI before iulgmen,
being rendered thereon, each Juror shall
be entitlcd to receve tiity cents ut the
hands of,hc successful party, which shalI
be taxed in the costs against his adycr
.sary. When the Jury shall be unable to
agree opoa o verdict, the same con,pen.
sa,ion shall be paid them by tho parry
calling tho jury, and the samo shall be
faxed in the cost bill against tie lesine
parry,
Sec. o3 In all cases which shall be
tried BY jury before Justice Of the
Peace, eithe, pew,y shall have the righ,
70 except TO the opinion Of The Justice
upon any question Of law arising dur.
ing the trial Of me cause; and whea eth
or Pet,y shaA silegc such exception, /.
shall be tho .lsty Of the Justice to sign
and seal a bill containing such .excep.
ton, if traly alleged with the point deci.
led, so that the same may be made part
OF the record in the cause.
ARBIrRArroSs.
Sec, o.. AT any time before trial and
judgment rendered. The plaintiff and de.
fendant, consenting thereto, may have
the cause submitted TO the srbitrament OF
three disintcrcsted men,, who shall be
chosen by ne parties and If tho arbi,ra
;,ors be present, they shall hear ani de
a. /