davidaulloa/AmericanStories huggingface dataset:
The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1853-07-14
Justice of tho pcac

y
See 49, Tie constable shall serve
such summons by apersonal service there
of, and return the same endorsed with the
names of the persons summoned, at the
time appointed for the trial of the cause
Sec. 80. Jurors for negleeting Or re-
fusing to attend when properly summoned
or refusing to serve when in attendance,
shall be liable to the like penalty and be
proceeded against in the same manner, as
witnesses who fail to attend or refuse to
testify.
|. Sec 81. The constable shall be in at
tendance in the court at and during the
process 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
asis done by thesheriffin the court of COM
mon pleas.
Sec. SO: When a jury shall be in at
tendance and the cause shall be continu-
ed, the jurors must attend at the time and
place appointed for trial without further
notice.
Sec. 83. If either party objects to the
competency of ajuror, the question there
on must be tried in a summary manner
by the Justice, who may examine the
Juror or other witness under oath.
Sec 81. The Justice shall administer
an oath or affirmation to the jury, well
and truly to try the matter in difference
between the parties and true verdict
given according to the evidence.
Sec. 50. Afterthe jury shall have been
sworn they shall sit together and hear
proofs and allegations of the parties, and
after hearing the same shall be kept to-
gether in some convenient place under
the charge of constable until they have
agreed upon their verdict, or shall be dis
charged by the Justice.
Sec: 86. Wien the jurors shall have
agreed upon their verdict they shall de-
liver 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 reason
able time, he may discharge them and
continue the cause, and may, if required
by either party, proceed to strike another
/ Jury as hereinbetore provided; the cause
shall be continued to such time as the
Justice thinks reasonable, unless the par
ties or their attorneys agree on a longer
or shorter time, or unless they may agree
that the Justice may render judgment on
the evidence already heard before him.
Sec, SO. 1t shall be lawful for the JUS
tice before whom a cause has been tried,
on motion, and bring satisfied that tie
verdict was obtained by fraud, partiality.
or undue means, at any time within four
days after the entering of Judgment, to
grants new trial, and he shall set a time
for the new trial, of " hieh the opposite
party shall have at least three days no
tice.
Sec. SO. The opposite party shall also
have reasonable notice of such motion
for a new trial, if the same is not made
on the day of. the former trial; and in the
presence of suchparty, such notices to be
given by the applying party. Ifthe new
trial shall be granted, OF the jury be un,
able toagree, the proceedings shall be. in
all respects as upon the return Of the sum
mons.
ITO pE CoNr1srED.
The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1853-07-14
ARTICLE IN.
CAanqe Of Tie piaee otf Trial.

ChdH.ge OF the pldce " Ir1at.
Sec. 81. If on the return of process,
or at any time before trial shall have com
menccd, it shall be made satisfactorily to
appear to the Justice of the Peace before
whom any cause is instituted or is pend
ing for trial by the affidavit of either of
the parties in the case:
THAT such Justice is material wit
ness for either party; or
2-f a jury be demanded by the ad-
verse party. then that he cannot as he
varily believes have a fair and impartial
trial in such township, on account of
the bias or prejudice of the citizens there
Of.
SEC. SO. If the place of tie trial be
changed on account of the Justice being
material witness in the cause, suchcause
shall be transferred for trial before some
other Justice of the Peace of the same
township, if there be one there legally
competent to try such cause; if there be
no such Justice within such township, or
if such change be granted on account of
the bias or prejudice of the citizens of
such township against such party, or be-
cause the adverse party has an undue ad-
vantage over him therein, the case shall
be taken to some justice in an adjoining
township of the same county.
Sec, So The justice granting such
change, shall deliver or transmit the pa
pers in the cause, together with certif-
ed transcript of the proceedings before
him, to the justice to whom such change
may be granted, who proceed therein and
have the same jurisdiction, powers, and
duties, in all respects whatever, as if such
suit had been originally instituted before
him.
Sec. 60. Before any such change hall
be allowed, the costs as specified in the
next following section, shall be paid by
the party applying for such change, or be
shall have confessed a Judgment therefor
beJore the justice granting the change.
Sec. 81. When such change is at the
instance Of the plaintiff, he shall be taxed
with all the costs which have accrued,
and which shall accrue in the cause un-
til such transcript and paper shall be de-
livered to the Justice to whom such cause
/ is removed for trial, and when on the ap-
plication Of the defendant, he shall be
taxed with the costs which have accrued
for issuing subpoenas for witnesses and
service thereof witness fees, and costs OF
Justice for transferring the cause to the
docket of the o.her Justice.
The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1853-07-14
ARTICLE III.
BIS of Particulars

Sec. 81. In all cases before a justice,
the plaintiff, his agent or attorney, shall
tile with such Justice bill of the particu-
lars of his demand, and the defendant, if
required by the plaintiff, his agent or at
torney, shall file like bill of the particu-
lars he may claim as asetof, and the evil
dence on the trial shall be confined to the
items set fourts in said bills
SEC. 55. The bills of particulars must
state in a plain and direct manner, the
facts constituting the cause Of action, OF
the claim to ho~Set- off.
The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1853-07-14
ARTICLE VI.
WITNESS.

Sec. IS. Any justice may issue sub
penas to compel the attendance of witness
ses to give. e.eyidence on any trial pending
before himself, or for the purpose Of ia
king dispositions, or to perpetuate testi-
mony.
Sec g. A subpoena may be served
by constable or any other person, and
shall be served by reading the same OIL
stating the contents thereof to the witness
or by leaving copy thereof at his usual
place of residence.
Sec. 81. When not. served by con
stable or some person deputed for that
purpose by a justice, no fees shall be char
ged in the suit for serving it.
See. 68. Ifanv witness having beer
supoenaed, attend and be not examined
by either party, the costs of such witness
shall be paid by the party ordering the
subpoena, unless the adverse party, by
confessing the matter or otherwise, render
unnecessary the examination of such wit
ness.
Sec. SO. Whenever it shall appear te
the satisfaction of a Justice, by proofmade
before him, that any person has been duly
served with a subpoena to appear and
give testimony before him in any matter
in which he has authority to require such
witness to appear and testify, that his tes
timony is material and that he refuses OF
neglects to attend as such witness in con
formity with such subpoena, the Justice
shall issue a warrant to arrest the delln-
quent for the purpose Of compelling his
attendanceand furnishing his disobedience
Sec. 10. When the person arrested is
brought before the Justice or when per
son in attendance refuses to testify as I
witness, and no valid excuse be shown
The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1853-07-14
ARTICLE yTT

THE TRIALS AND ITS INCIDENTS.
Sec. 73. AT the time appointed fer
trial, if no jury shall have been demand
cd by either party, the Justice shall pro-
coed to try the action, shall hear the proofs
and determine the cause according to law
and the right.
Sec. a. Where parties agree to enter
without process before the Justice any ac-
ton of which such Justice has cognizance
such Justice shall enter the same ON his
docket and proceed to trial, iud tment
and execution, in all respects in the same
manner as If summons had been issued !,
served and returned.
The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1853-07-14
JURY.

Sec. rs. In all civil actions after an
appearance of the defendant, and before
the court shall proceed to inquire into the
merits of the cause, either party may de-
mand a jury to try the action, which jury
shall be composed of six good and lawful
men, have the qualifications of electors,
unless the parties shall agree on less
number.
See. rs. When a jury is demanded
the trial of the case must be adjourned
until a time fixed for the return of the iu-
ry. If, neither. party desire an adjourn
ment, the time must be determined by the
justice and must be on the same dav, or
within the next two days; the jury must
be Immediately selected as herein provi-
ded
I. Sec. II The Justice shall write in a
pannel, tie names of eighteen persons,
citizens Of the township, or if the action
be one in which the jurisdiction is not linn
tied to the township, then citizens of the
county, from which the defendant, his
agent or attorney, shall strike one name,
the plaintiff, his agent or attorney, one,
and so alternately until each shall have
stricken six names, and tie remaining six
shall constitute the jury to try such case,
and if either party neglect, or refuse to
aid IN striking tie jury as aforesaid, the
Justice shall strike tie same in behalf of
such party.
Sec 78. The Justice thereupon shall
issue summons for the jury, in which the
following form shall be observed in SUBJ
stance as near as practicable:
The State of Ohio, o,------- county:
To Constable of -- township:
Y on are hereby commanded to summon
------ to appear before me at in
said township, on the day of -
IA. D., 49,, at o'clock, in the -
noon, to serve as juror in case. pending
before me, then and there to be tried
And this they shall in no wise emit.
And have you then there this writ with
your doings thereon.
Given under my hand, this day
of A d.
The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1853-07-14
LAWS OF OHIO.
PuLIsHED~BY AuTHoRI9'
AN ACT.

OF Jurisdiction and Procedure before JUS
tees of the Peace. and of the duties OF
Constablcs in Civil Cases.
.fft8 .s ARTIFICIAL l. SEA
The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1853-07-14

the Justice may impose fine on him not
exceeding FIVE dollars. An entry of such
fine stating the reason therefor, must
be made by the Justice in his docket
and thereupon shall have the effect of n
judgement in favor Of the State oNQhio
against the delinquent, and may be en-
forced against his person. or property.
Sec q. Every person subpoenaed is
aforesaid and nesslecting to appear or IL
fuslng totestify, shall also be liable to tie
party In whose behalf he shall have been
subroenaed. for all damages which such
party shall sustain by reason Of such d..
linquency, IA ~
The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1853-07-14
ATTACHMENT.

escPNcAANiNN-
fraud his creditors; or
3--Has left the county OF his residence
to avoid the service Of a summons; or,
$50 conceals himself that a summons
cannot be served upon him; or,
5--Is about to remove his property or
a part thereof out of the county, with the
intent to defraud his creditors; or,
els about to convert his property or
part thereof. into money, for the purpose
of placing it beyond the reach Of his cred
ltors, or,
Has property or rights in ACTION
/ which he conceals; or,
/ 8-Has assigned, removed or disposed
! of, or is about to dispose of his property
or part thereof, with intent to defraud
! his creditors; or,
-Eraudulently contracted the debt or
] incurred the obligation for which suit is
about to be, or has been brought. When
the defendant is q foreign corporation or
a non resident OF the county, the attach
tment shall not be granted unless the claim
is for a debt or demand arising upon con-
tract, Judgment or decree.
Sec. 80. When the ground OF attach
ment is, that the defendant is a foreign
corporation, or a nonresident of the coun-
ty, the order of attachment may be issued
without an undertaking, but in all other
cases, the order of attachment shall not
be issued by the Justice until there has
been executed in his Office by one or more
sufficient sureties of the plaintiff to be APP
proved by the justice an undertaking not
exceeding double the amount of the plain
titf's claim, to the effect that the plaintiff
shall pay the defendant all damages which
he may sustain by reason of the attach
ment, if the order be wrongfully obtain
The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1853-07-14
DEpOSJTIONs

Sec. 72. Dispositions may be tai. n ts,
be read many cause pending before Jus
tice of the Peace, in like mannerand sui
Ject to the same restrictions and rules of
law as in cases pending in the Court ot
Common Pleas.
The Ohio organ, of the temperance reform. (Cincinnati, [Ohio]) 1853-1854, 1853-08-26
CINCINNATI, FRIDAY, AUGUST 26, 1858.

was not to be with us, as had been expect
ed, but after listening to the speakers, Sat-
urday and Sunday, that disappointment
was not needed the smile of complacency
rested on the countenance of every friend
of temperance present. The ladies God
bless theml) were there with their smiles
and good wishes for our success.
Much praise is due to our friends at Ra-
cine for their whole-souled generosity the
latch-strings were out, and every thing that
can contribute to make the outward man
comfortable was provided in lavish abun-
dance. Yes, Sir, there are noble and gen.
erous temperance men in that place, and
"whO work with zeal according to their
knowledge"
Our next Mass Meeting will be on the
second Saturday and Sunday in September,
at Chester, where we shall expect Bros, jew
EFT or Dow.
Brother, set us down for the Maine Law
Yours, in this warfare,
JAS. M. EVANS, Sec.
The Ohio organ, of the temperance reform. (Cincinnati, [Ohio]) 1853-1854, 1853-08-26
NO. 80 WHOLE NO. 81

may be hereafter directed. His route will
probably be through Carroll, Tuscarawas,
Stark. Summit, Medina, Lorain, Erie, Lu-
cas-, etc.
Rev. FREEMAN YATES. This gentleman
has been disabled by sickness-but we are
happy to say, has so far recovered that he
will Immediately resume his labors, and
will act for the present as a corps de TeseTUe.
Rev, G. TAYLOR, of Pontiac, Michigan
one Of the best lecturers Of the recent CAM
paign in Michigan, will commence very
soon course of efficient labors. His blow
will tell with uncommon power. His field
is not assigned.
q T. FOBEs, of whom we spoke in our
paper of the 10th inst, has not yet arrived.
He will be on hand about the Goth, proba!
bly,. He will commence Immediately on
his arrival. -,.,
A. M. SooTT, Esq, Of Dayton, is also ex-
pected to put himself under the direction Of
the committee very soon. He has been la
boring efficiently in Montgomery, Greene
and other counties, on his own hook. He
will be expected to commence in Miami and
Shelby counties. 8l
G. N. OLDs cannot make engagements
ahead. He is doing every day all his health
will permit. He has made many speeches,
of which we have the most complimentary
accounts. He will continue to work till the
end of the campaign. li
Gen. S. F. CARY Is at present at the north
east, recruiting for the closing campaign:--
Filial duty alone drawing him at this Tina
from the, 6eld Of battle 81 ei
The Ohio organ, of the temperance reform. (Cincinnati, [Ohio]) 1853-1854, 1853-08-26

4 Dr. JEwETT was not able to leave home
as soon as he had expected. Hecommences
at Dayton, Aug. 18th, and will continue at
Dayton or under the control of Montgomery
county committee, until the 22d on the
23d he will meet Beebe, of New York, at
Columbus on the oath he will speak at the
Newark Mass Meeting; on the 25th, at the
Columbus Mass Meeting; on the 26th, at
the Circleville Discussion with Beebe on
the 9th, at Washington Court House, Fay
cite county, and on the 29th and 30th he
will be at the disposal of the Ross county
central committee, meeting Beebe at Chilli
cothe on the Both. On the 3lst Aug. and
LIST September. he will be at the disposal
of the committee of Green county Sept I'd
he will pass to Lancaster and speak on the
evening of that day-if he arrives in time
Sept. Sd he will address the Mass Meeting
at Lancaster; on the 4th, at the command
of the Fairfield county committee on the
9TH, 9Th and 7th, in Delaware county; on
the 9Th and 9th, in Morrow county on the
10th and llth, in Richland county on the
18th, 18th and 18th, in Huron county ON
the 18th and 18th, in Erie county on the
18th and 18th, in Seneca county; on the
18th, Goth, 2Ist and 22d, in Hamilton
county; on the 23rd and oath in Butler
county.
Rev. B. E. HALE: Norwalk, Aug. 18th,
Mansfield on the 18th, Wooster on the Goth,
Wayne county on the 2lst and 22nd,
Columbus on the 23d, Newark on the 24th,
Lancaster on the 25th, Fairfield county on
the 25th, Mt! Vernonon the 9th and 2Sth,
Mansfield, Richmond county, on the 29th
and Both Massillon and Stark county on
the Slst Aug, and the lst and 2nd Sept. ;
Mahoning county on the Sd and 4th
Trumbell county on the 9Th and 9th.
T. A. PLANTS Madison county, August
18th and 18th Fayette county, both, 21st
and 22d Columbus, 23d Warren county,
Oath, 25th and Goth; BOwersville, Silver
Creek township, Green county, 9th JEFF.
fersonville, Fayette county, 29th; Chilli
cOthe, 3Oth Piketon, 3lst; Portsmouth,
\ Sept. 1st, SciOto county, Sept. I'd and Sd
/ Adams county, 5th and 9Th Brown county,
7th, 9Th and 9Th; Clermont county, 10th
and 18th,
H F. w. KELLoG will labor in Ashland,
Il Chagrin Falls, Rushville, Richville, and
such other places as he may himself desig.
nate, until be leaves for the Worlds Tenn.
perance Convention. After which he will
commence at Stsubenville, or some othel
point in Jefferson county, on The 18th d
Il September, and viii thencefOrwarl labor al
The Ohio organ, of the temperance reform. (Cincinnati, [Ohio]) 1853-1854, 1853-08-26


tured with great success ID many parts d
Michigan-and having given good satisfac.
tiOn 10 large meetings at Springfield, Tifin.
Bellevue, &c., will proceed forthwith by
special invitation, to canvass Seneca county,
by townships, aud will hold himself in read.
iness to labor in some of the adjoining coun-
ties, after the first of September.
]. GRAHAM KLUIOK, Esq, of Lucas coun-
ty, an old and well tried veteran in the
cause, who swings most powerful club
and is always ready for the enemy, will
commence his labors at Lima, Allen coun-
ty, on the 23d or oath inst, and will labor
in that and adjoining counties under the
direction and advice of the friends in that
vicinity until further orders probably
through the campaign. a
Rev. ]. M. CREIGHTON, Of Meigs county,
is now engaged in Fairfield county, and
will about the first of September be ready
for work in some other field. If work
man is known by his chips, Mr. CREIGHTON
will give good account of his stewardship
at the close of the campaign. He is conf
IDENTIFY recommended to the friends of the
cause every where.
Rev. W. A. G. EMERSON, of Wayne coun-
ty, will commence at once in Tuscarawas
county, and make arrangements for series
of meeting in that and adjoining counties,
in consultation with known and tried
friends of the cause in that vincinity.
F. W, KELLOGG, Esq, will address a mass
meeting in Tuscarawas about the middle of
September.
The Buckeye Broad Are, H. CHANCE, will,
during the next week, commnece canvass
ing Belmont and Guernsey counties. This
gentlemen carves his own road. These
counties may also, expect to share in the Ia
bors of other prominent speakers soon.
M. M. EDWARDS will, if previous. en-.
gagements permit. repair at once to Find
lay, Handbook county, and assist there after
by cooperating with J. G.. KLUIK in that
part Of the State. H N
Inthe above list the reader will notice that
the name of JoHN R. WnIIAMsdoes not occur,
and that his numerous friends and admirers
may know the reason therefor, we will
state that he is engaged BY ths temperance
men in this county for one year. He will
however, as he has heretofore, occasionally
labor in other fields, as the Hamilton County
H Committee think proper. Asthis is decid.
edly the hGrpsst field in the State, 1t is peces.
sary that we should have the old sOar hOys,
u with US majority Of his time.
The Ohio organ, of the temperance reform. (Cincinnati, [Ohio]) 1853-1854, 1853-08-26

to the other. AS soon as the two crowds
were effectually separated, one cheered
Beebe and the other Jewett. The Maine
Law crowd was much the largest, but then
it contained all the ladies--as Jewett said,
"See, not one female is on the side of rum !"
Counting the males in each crowd, they
were about even. A large portion Of the
antics were Germans. The combatants an
nounced future appointments, when the
crowd quietly dispersed, and thus ended
the discussion here"
Comment is unnecessary.
The Ohio organ, of the temperance reform. (Cincinnati, [Ohio]) 1853-1854, 1853-08-26
FOUR THOUSAND FREEMEN I'm
COUNCIL!g
OHEsTaR, August l


BRoTHER CEArK =. II tfath asss tie
eloquent presentation Of Il have their usual
effect, Meigs County, at the approaching
"Ides of October, will take her place in
the front rank of opposition to that blight
ing and withering curse-intemperanCe.-
The friends of our noble cause turned out
en- ndsse on the 18th and 18th insls, to
hold their Second Quarterly Meeting, at
Racine, fourishing town situated on the
Ohio river, about - miles above PomerOy.
All the Divisions of the Sons in the
county were well represented. The Pome-
roy and Salisbury Divisions chartered the
steamboat Hamburg" and secured the
services Of the POmeTOy Band, who added
much to that "feast of reason and flow of
soul" j" that the audience enjoyed on Satur-
day.
As the steamboat approached the land
ing, she literally seemed "loaded with life,
and herself the very symbol of life." Not
only by the river, but also in all directions
by land, the people came, not as of old,
when Bacchus swayed the assembled crowds,
but clothed in their right minds, aole and
willing to hear the truth, and act accord
ingly.
The people assembled in the morning at
the Methodist Episcopal Church, and lis
tened to an able and eloquent discourse
from Brother Curtis, of Gallia county, after
which the meeting was organized by the
appointment of Randall Stivers, of Pom
eroy, President, s. Grant, of Sheffield, H.
H. Swallow, of -, Vice Presidents, and
IN. Evans, Secretary.
Tie meeting then adjourned until after
noon, when procession was formed, and
the multitudes proceeded to a pleasant
grove at a short distance from the town,
and Listened to two eloquent and powerful
speeches from Brothers Plants and Will
lams. Sunday, Bro. Plants occupied the
forenoon, and Bros. Curtis and Williams
the afternoon.
There could not have been less than four
Thousand present this day The good order
tnat prevailed, and almost breathless atten.
ton given to the speakers, indicated, plain
or tnan words can make it, that our cause
is the cause Of humanity and Justice, anC
is already triumphant in the hearts Of the
people. a
! shall not attempt even SYNOPSIS of the
speeches;-sufice it to say, that, for close
and logical augmentation, thrilling and ef
fective elOquence, and soul.stirrinS speech
1t would be difficult to find more noble
trio than Plants, Curtis, and Old Williams
We felt some disappointment SATURDAY
morning, when we learned that DR.. Jewet