Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-07-07


and seal a bill Containing such exceb-
ton, if truly alledged with the point
decided, sothat the same may be made
part of the record in the cause.
Arbitraions.
See. "a. At any time before trial
and judgment rendered. the plaintiff
and defendant, conserving thereto, NAV
have the cause submitted to the arbitra-
ment of three disinterested men, who
shall be chosen by the parties; and if
the arbitrators, be present, they shall
hear and determine the cause on oath
or affirmation, 10 be administered by
the Justice But if the persons chosen
as arbitrators be not present, the Justice
shall issuesa summons for them to at
tend at the time and place appointed for
the trial, which shall be served by any
constable, or the parties, as they may
agree. The fees Of arbitrators shall be
the same as that paid to jurors.
Sec. 95. When the arbitrators shall
convene and be qualified, they shall
proceed to hear and determine the
cause, and 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 there
upon enter such award on his docket,
and thereon render Judgment and issue
execution, as in other cases.
Sec. Sc. Every judgment rendered
on such award, shall conclude the rights
of the parties thereto; unless it shall be
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 Com
mon Pleas, on appeal, that such award
was obtained by fraud, corruption, or
other undue means. 5000
Sec. 81. Whenever satisfactory proof
shall be adduced before such Justice,
within the period aforesaid, that such
award was obtained by fraud, corrup-
ton, 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 judgment, as if
such award had never been made.
Sec. SO. But no appeal shall be al
lowed to the Court of Common Pleas,
from a Judgment of a Justice of the
Peace rendered on an award, unless the
party praying such appeal shall file with
such Justice an affidavit, therein stating
that he or she does verify believe that
such award was obtained by fraud, cor
ruption, or other undue means.
Sec. SO. And if on appeal from the
judgment of Justice rendered on any
such award, 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. the award, and proceed to hear
and determine the cause on the merits,
as in other cases of appeal.
Sec. 100. But if the said court shall
be of opinion that the award was not
obtained by fraud, corruption or other
undue means, they shall render judg-
ment thereon and for the costs of suit,
and award execution as in other cases.
Trial of tile right Of property levied on
or attached.
Sec. 1O1. When constable shall
levy on or attach property, claimed by
any person or persons, other than the
party against whom the execution or
issued, the claimant or
claimants shall give three days notice,
in writing, to the plaintiff or his agent,
or if not found within the county, then
such notice shall be served BY leaving a
copy thereof at his usual place of abode
in such county, of the time and place of
the trial of the right to such property,
which trial shall be had before some Jus
tice of the township at least one day
prior to the time appointed for the sale
of such property. y ..e 90
& Sec. 1O2. If on the trial the Justice
shall be satisfied from the proof that
the property, or any part thereof, be-
longs to the claimant or claimants, such |
Justice shall render judgment against
the party in whose favor such execu-
ton or attachment issued for the costs,
and issue execution therefor, and shall, |
give written order to the
who levied on, or who may be
charged with the duty of selling such
directing him to restore the |
same, or so much thereof as may have
been found to belong to such claimant
Dr. claimants.
Sec 1O3. But if the claimant or
claimants fail to establish his or their
tight to such property or to any part
thereof, the Justice shall render judg-
nent against such claimant or claimants
or the costs that have accrued on ac-
count of such trial, and issue execution
iherefer, and the constable shall not be
liable to the claimant or claimants for
he property so taken.
CONCLUSION NEXT WEEK.
/ hereby certify that the foregoing portion of
law is correctly copied from a certified copy 4
furnished this Office D. B. HEBARD,
Auditor.
anew Digest of the ohIo Reports.
We have before noticed the fact that