davidaulloa/AmericanStories huggingface dataset:
The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1853-07-14

dence before the Justice. the action mu.
be dismissed. lfthe defendant fail to sp
pear at the return day Of the summon:
OF if either party fail 10 attend at the tim
10 which trial has been adjourned, o
fail to make the necessary bill oil particu
lars, or fail in the proof on bis part, th
cause may proceed at the request of tn
adverse party, and judgment must be civ
EN- in>conformity with the bills of particu
lars and proofs.
Sec. lo6. When judgment shall hav
been rendered against q defendant in hi
absence, The same may be set aside, up
on the following dahdiiions
THAT his motion be made within tel
days after such judgment was entered.
2.-That he pay or confess judgmen
for the costs awarded against him.
3-That he notify in writing the oppo
site party, his agent or attorney, or cause
1t TO be done, of the opening OF such iudg
ment and of the time and place of trial a
least five days before the time If the party
reside in the county, and if he be not 8
resident of the county by leaving writ
ten notice thereof at the office of the Jus.
tice ten days before the trial.
SEC. lo7. Upon verdict the Justice
must Immediately render judgment &C.
cordingly. When the trial is by the Jus.
tlce, judgment must [be] entered imme.
diately after the close Of the trial if the de.
fendant has been arrested or his property
attached; in other cases it must be enter.
ed either at the close Of the trial, or il the
Justice then desire further time TO con.
slider, on or by the fourth day thereafter
both days inclusive.
Sec. 1903. When the amount due 10 ei.
ther party exceeds the sum for which the
Justice is authorized to enter Judgment,
such party may remit the excess and
may be entered for the residue.
A defendant need not remit such excess.
and may withhold setting the same off,
and a recovery for the amount SET off and
allowed, or any part thereof, shall not be
bar to his subsequent action for the
amount withheld.
Sec, lO9. III the defendant any time be.
fore trial offer in writing to allow judg.
meI.t TO be taken against him for speci.
fed sum, the plaintiff may immediately
have judgment therefore with the costs
then accrued. But if he do not accept
such offer before the trial, and fail 10 re-.
cover in the action sum equal TO the Of.
fer, ne cannot recover costs accrued of.
Ter the offer; but costs must be adjudged
against him. But the offer and failure 10
accept it connot be given in evidence 10
affect the recovery otherwise than as to
costs as above provided.
Sec. ITO. Where Judgments is rendered
in a case where the defendant is subiec,
to arrest and Imprisonment, it must be
so stated in the. judgment, and entered in
his docket.
The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1853-07-14
Justice of the Peace


Sec. 1888. The officer shall, within ten
days aftuer receiving the writ, execute
the same by restoring the plaintiff to the
possession of the premises, and shall levy
and collect the costs and make return, as
upon other executions. If the officer
shall receive a notice from the justice
that the proceedings have been stayed,
by an allowance of a writ of error, he
shall Immediately delay all further pro-
ceedings upon the execution; and if the
premises have been restored to the plain
tiff, he shall Immediately place the de-
fendant in the possession thereof. and re-
turn the writ with his proceedings and
consts taxed thereon.
The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1853-07-14
ARTICLE VIII.
JUDGMENTS.

SEC. l04. Judgments that the action be
dismissed without prejudice to new &C.
ton may be entered with costs, in the lol'
lowing cases;
I-When the plaintiff voluntarily dis.
misses the action before 1t is finally sub.
mitted.
2-When he fails to appear at the time
specified In the summons, or upon ad'
journment, or within one hour thereafter
3--When it is objected at the trial and
appears by the evidence that the action is
brought in the wrong township.
SEC. lO5. lfthe plaintiff fail to appear
at the return day OF the summons, ant
his bill Of particulars be not filed and evi
The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1853-07-14
ARTICLE X.
OF THE ACTION FOR THE FORCI.
BILE ENTRY AND DETENTION OR
FOKClRLE DETENTION ONLY OF
pH0PERTV.

OF THE ACTLON FOH THE FOHCIs
FORCIRLE DETENTION ONLY OF
PROPERTY.
Sec. 1876. Any Justice, within his prop
er county, shall have power to enquire in
the manner hereinafter directed, as well
against those who make unlawful and for
chile entry into lands and detain the same
as against those who having lawful and
peacable entry into lands or tenements un-
lawfully, and by force hold the same
and if it be found upon such enquiry that
an unlawful and forcible entry has been
made, and that the same lands and tene-
ments are held by force, or that the same
after lawful entry, are held unlawfully,
then said Justice shall cause the party
complaining, to have restitution thereof
SEC. 1876. Proceedings under this Arti-
Gle may be had in allcases against tenants
holding over their terms in sales Of real
estate, on executions, orders, or other
Judicial process, when the judgment debt
or was in possession at the time of the
rendition Of the judgment or decree, by
virtue of which such sale was made in
sales by executors, administrators, guar
dians, and on partition, where any Of
the parties to the petition were in posses
sion at the commencement of the suit, af.
ter such sales, so made on execution. OF
otherwise shall have been examined by
the proper court, and the same by said
court adjudged legal; and in cases where
the defendant is settler, or occupier Of
lands or tenements, without color of title,
and to which the complainant has the
right of possession; this section not to be
construed as limiting the provisions Of the
first section of this article.
SEC. 1877. Judgment either before the
justice or in the court of common pleas,
under this article, shall not be bar to
any after action brought by either par
ty.
SEC. 1873. II shall be the duty of the
party desiring to commence an action un'
der this article, to notify the adverse par
ty to leave the premises, for the posses
sion Of which the action is about to b,
brought, which notice shall be served a
least three days before the commencing
the action, by leaving awritten copy viii
The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1853-07-14
ARTICLE XI.
OF THE REPLEvIN OF PROPERTY

SEC. l39. The plaintiff may recover
the possession of specific personal proper
ty Of less value than one hundre dollars,
before Justice of the Peace, as herein
provided.
SEC. i40. An action for this purpose,
shall not be brought until there is filed in
the Office of the Justice, an affidavit of the
plaintiff, his agent or attorney, showing
IA description of the property claim
ed:
2--That the plaintiffs the owner there
Of, or has q special ownership therein!
stating the facts in relation thereto, and
that he is entitled to the immediate posses
lsion Of the property;
The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1853-07-14

AN ACF VI jurisdiction and Procedure be
fore Justices of the Peace, and Of the duties
of Constables in Civil Cases.
CONTINUED
OF THE JURISDICTION OF JUSTICES
OF THE PEACE.
Sec. 10. The constable shall serve
such summons by personal service
thereof, and return the same endorsed
with the names of the persons summoned
al the time appointed for the trial of the
cause.
Sec. 80. Jurors for neglecting or re.
fusing to attend when properly summon.
ed, or refusing 10 serve when in atten.
dance, shall be liable 10 the like penalty
and be proceeded against in same man.
ner, as witnesses wh3 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 chal.
lenge or other cause the pannel shall not
be full, he may file the same in the same
manner asis done by the sheriff in the
Court of Common Pleas.
Sec. 90. When a jury shall be in at.
tendance and the cause shall be contin
ned, the jurors must attend at the time
and place appointed for trial without fur.
ther notice.
Sec. 83. If either party object to the
competency Of a juror, the question
thereon must be tried in summary
manner by the Justice, who may exam,
inc the juror or other witness under oath.
Sec 81. The Justice shall administer
an oath or affirmation TO the jury, well
aud truly 10 try the matter, in difference
between the parties and true verdict
given according to the evidence.
Sec. IS. Alter the 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
together in some convenient place under
the charge Of constoble until they have
ageed upon their verdict, or shall be dis.
charged by the Justice.
Sec. e6. When the jurors shall have
agreed upon their verdict they shall de.
liver II 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
The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1853-07-14

opposite party shall have at least three
days notice.
Sec SO. The opposite party sha! also
have reasonable notice OF such motion
DOR new trial, il 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 ell respects as upon the return Of the
summons.
Sec. 90. u either the plaintiff or de.
fendant, in their bill oil particulars, claim
more than twenty dollars, the case may be
appealed to the Court Vi Common Pleas;
but il neither party demand a greater
cum than twenty dollars, and the case is
tried by jury. there shall be no appeal.
Sec. 81. If no appeal by the plaintiff
he shall not recover q larger sum than
twenty dollars, exclusive OF Interest since
the rendition of the judgment before the
Justice. he shall 10 adjudged to pay all
costs in the Court OF Common Pleas,
Gncluding a fee Of five dollars, TO defen.
dan.'s attorney.) and in case the deien.
dant shall demand set off greater than
twenty dollars, and he appeal, and do mol
recover twenty dollars. he shall in like
manner pay all costs in the appellate
court, including a like fee to plaintiffs at.
torney.
Sec. 90. Upon the verdict being de.
liyered TO the Justice. and before judg,
ment being rendered thereon, each juror
shall be entitled to received fly cents al
the hands Of the successful party. which
shall be taxed in the costs against his ad'
vorsary. When the Jury shall be unable
to agree upon verdict. the same com
peusalion shall be paid them by the party
calling the jury. and the same shall be
taxed in the cost bill against the losing
parry.
The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1853-07-14

Sec. 95. In all cases which shall be
tried by jury before Justice Of the
Peace. either party shall have the right 10
except to the opinion Of the Justice upon
any question Of law arising during the
trial Of the cause; and when either party
shall allegate such exception, it shall be
the duty OF the Justice to sign and seal a
bill containing such exception, il truly
alledged with the point decided, so that
the same may be made part Of the record
in the cause.
The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-04-13
Spring of ls 5 3.
w. T. SELBY,
wHoLEsALE DEALER I'M

Foreign and Domestic Dry Goods,
No III. .afan street ,oest side. bet,reen Monroe
and Union streets. WHEELING, VA.
rs now in receipt of his Spring Stock of Dry
Goods and Notions, direct from Importers aud
Manu- ufactursrs, comprising as complete aud des
rable "a stock of Dry Goods (adapted to the trade
of this section) as be found in any house East
or West to which would respectfully invite the
attention of Retail Dealeis-consisting OF
DRESS GOODS-In black Silks. Aipacas. Pop
Inns, Lawns, DeI.aines, Ginghams, etc. with
very large stock OF Prints of the best
makes and coiors
ALSO:-Bonnets. Ribbons, Innings, and other
Trimmings in variety: and Of 4
MEMS WEAR-In Cloths, Cassimeres, Sati
nets, Mer,no Cassimeres, Jeans. Tweeds,
and Summer Cloths. Also,-Cottonades
Denms, Blue Drills. Bro Linens, Linen
Drills, Nankeens, and other such Goods. a
very desirable assortment
ALSO--Men's aud Boys Palm Hats, Leehorn and
Canton Hats, Softwood aud Brush Hats
With full stock of linen and cotton Bag
ging, Seamless Bags. Burlaps, Table Dis'
pers, Crash. DrilIibgs, Tickings. Checks
Shirting Stripes, Bro and Bled Muslin, etc
with good stock of
WHITE GOODS aud the NOTION line,-a
Cambrics, Jaconets. Irish Linene, Laces
Threads, Buttons, Hosiery, Gloves. combs
etc. in all their variety. My whole st"c'
will be found unsurpassed, as well in quan
tity and style. as in prices.
March 80. VIM. T. SELBY.
The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-04-13
The Spring Case.
PHILADALPHIA, April

PHILADELPHIA, April z.
The jury came into court this morning
with verdict of guilty ofsmurder in the
first degree. The prisoner, by permission.
made statement in which he repeated his
former assertions OF the guilt OF the son.
Says he was aware that young Spring de-
signed robbing the house. and says he
tried to dissuade him from it. The son
went out on the evening ofthe murder and
he went to bed early. The son came in
late at night and said he had the money
and asked for his pocket book to put it in
The son bought shirts in the morning
Only part Of the money he received was
dollar notes and the rest in dollar gold
pieces. He knew nothing of the murder
until after his arrest. He closed with SOL
emn assertions Of his own innocence and
OF his sons guilt. Judge Kelly rebuked
the prisoner for his hardihood ofpersisiing
in statements so utterly false, the evidence
accounting for every moment Of his SON. s
whereabouts from 8 to 12 o'clock on fhe
night of the murder. and in conclusion he
urged him, before the expiration of the
brief time he had yet to live, to tell the
truth. and by so doing relieve his son from
the slightest suspicion. The prisoner was
then taken to prison. The sentence was
deferred at present. The dense crowd in
and around the court house gave no ex-
preston OF JOY at the verdict, though salts
faction is universal.
The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-04-13

90 IN CoNSU hPTIvE SYMPTOMS =
Decentralization is the thief of time" in awful
sense, 1t shortens existence, and hurres the pa
tent from time to eternity.
Thousands are dying whose lives might be cav
ed BY the timely use of WIsrARs BALsAM OF
WILD CHERRY. A few weeks. few days. may
make fatal difference in the progress of CON-
sUMr1svD SYMPTOMS.
The chances of success increase greatly with
the earliness Of treatment Although in cases
seemingly desperate. Wister's Balsam has per.
formed cures that are seemingly miraculous, still
II is advisable to take the Balsam on the appear
ance Of the first symptoms
CONS UMPTION, of all diseases, is the one
that should receive early treatment. Every hour
of delay may make the case more difficult In the
war between Disease and Nature, the sooner we
assist Nature. the more certainly will she win the
victory. five wait until Disease has broken the
constitution. our aid may come too late to be oi
service.
90 See Advertisement.
The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-04-13
Sale of Real Estate.

an Friday, the 18th of April. 1858. on the
" premises in Summit township. Monroe Co i,
Ohio. at the hour Of IL o'clock, NJ, Of said day.
will be offered for sale to the highest bidder the
following real estate, to wit The south east quar-
ter of the north west quarter of Section number
twenty three (23), in Township number FIVE k5).
in Range number six (6), Containing forty (4O)
acres. more or less, the property of William
White, deceased; subject to the dover estate her e..
tofor. therein assigned, and appraised. subject to
said dover. at 1925 90 Terms of sale-one third
in hand, one>.hird in months. aud the residue in
IL months. with interest on the deferred payments
and TO be secured to the satsfac ton of the under
signed. MARY ANN WHITE,
Admr'x of w lillian White. decd
March Is, 1853.
The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-04-13
Call and Judge for yourselves!
WHEAT & CHAPLINE.

JOBBERS OF
NOTIONS AND FANCY GOODS.
MONROE STREET, Wheeling, Va
A"E would call the attention of merchants
w and peddlars to our Spring stock, which
we are receiving. consisting in part Of
220JO rolls Wall paper, of every quality,
1900 Window Paper,
800 Velvet and common borders,
IL dog Fire Board patterns,
Cotton and Silk Hosiery of every description,
Silk, cotton and Lisle thread Gloves,
Spool and skein Thread
Suspenders, Lace Goods, etc.,
Note. cap. letter and wrapping Paper,
School and blank Books.
Hardware. Cutlery. Combs. Buttons,
Plus, Needles, Hooks and Eyes,
Zephyr worsted, sewing Silks,
States. Stationary, Brushes,
Perfumery Gun caps. Fishing hooks and lines
Together with every small article kept by coun-
try merchants.
o. These Goods are laid in EXPRESSLY FOR
JoBBING, and will be- sold for small advance tor
cash trdIe in hand.
ecs-The higher, market price paid for feathers.
rags. flax seed, ginseng, beeswax, wooleh socks,
ETC., III exchange, or for cash.
March 23--2m
The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-04-13
q. S. senate-Extra Session.

w ASHlNGToN. AprH q.
The Senate. on Wednesday, postponed
until next session. the resolution providing
for publishing the Senate Debates. The
Senate then went into executive session,
and after remaining shor! ::iiule, tie doors
were opened.
On motion of Mr. Seward. the Presden.
was requested to communicate to the SEN
ate all information he may have in his pos
session, touching the recent transactions
between Captain Hollins of the sloop of
War. Cayene, and the authorities at San
Juan de Nicaragua. together with the or.
ders and instructions which have been CIV
en- Capt. Hollins.
Mr.. Chase offered resolution that all
the proceedings Of the Senate be public
and open. except when matters are com
municated in confidence by the President
shall be received and considered, and in
such other cases as they may be required.
Which after debate was laid on the aside.
Senate adjourned.
The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-04-13
Agency

NoR the sale of DR. s. s. FITCH'S celebra-
IL ted instruments and medicines. viz: Patent
Silver Plated Abdominal Supporters. Patent steel.
spring Shoulder Braces, silver Enhaling Tube,
Pulmonary Balsam, PectoraI Expectorant. Pure
and Medicinal Cod Liver Oil, Pulmonary Lini-
ment, Heart Corrector, Humor Corrector. Depu-
rstive Syrup, Anti -Dyspeptic Mixture, Cathartis
Pills, Cholera and Cholic Specific, Vermifuge. &e.
The above form DIR. Fitch's treatment Of Pul.
nonmy Consumption. Asthma. Heart Disease.
Sc, which has been eminently successiul in
relieving and curing those diseases. Allfh abovs
remedies are prepared by DR.. F. for his practices.
and warranted good. His reputation, founded ON
success, will recommend them to the afflicted,
who will find Dr. Fitch's s.Guide to the lnval-
ids valuable book. 1t is given away at the
store of the agents Those suffering from falling
of the bowels or womb will find Dr.. - support.
er light and pleasant. and fitting perfectly. and q
the same time most efficient. The shoulder bracs.
also, is light aud efficient. The articles aions, or
taken together, are unsurpassed by any article
ever made. All to be had of the agent
WILLIAM STEEL, Stafford, Ohio
Jan. 12, 1853.
The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-04-13
Land for Sale,

IN WASHINGTON COUNTY. OHlO.e
- A ACRES of limestone ridge land. near
IN the bank OF Little Muskmgum, ninc
miles from Marietta. about 33 acres cleared; tim.
Der good About 100 apple trees. of which 30 are
bearing; 5 or kinds OF cherry and kinds of
plumb tress; a quantity of peach trees, aud soms
pears aud grapes A good two-stoty hewed log
house. well of good water, smoke house. pailed
garden. sc.
ALSO
nT - Acres OF land on the Waterford road.
IL LED 4miles from Marietta. 80 of which are
under fence aud In good state Of cultivation.
ALSO
GON Acres on the Waterford road. miles
OeD from Marietta, about 25 acres cleared aud
will he sold low.
Also
n0A Acres on the Muskingum River. ~
1oVY miles from Marietta. This tract can
be divided as to make very valuable and very
desirable small farms. Well improved.
The above tracts will be sold at private sale. -
For particulars inquire on the premises. or ct
II. o. BUCHANAN.
Harmar. O., Feb IL. 1864. llyl
The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-04-13
March %, 1853.
Notice in Partition
A. ROSS.
Sol. for Compl't.

Barrackman Bowersock. Valentine Bowersock.
John W. Bowersock and Marian Jane Blake and
John Blake, her husband. will take notice that
petition filed against them on the 18th day of
March, 1853. in the Court of Common Pleas of
Monroe county. Ohio. by George w. KiIkbride,
aud is now pending; wherein, the said George w =.
Krkbride demands partition of the following real
estate. to wit: Beginning. for the same at the Gen.
tie corner Of Section twenty of Township seven
of Range seven, in Monroe county Ohio. and run
Ing thence north sixty.two rods, thence west for
ty-hree rods, thence south sixty-two rods, thence
east forty three rods to the place Of hegnng. con-
tanning sixteen acres and one hundred and six rods
and that at the next term fsaid Court application
will be made by the said George w. Kirkbride
for an order that Partition may be made of said
premises.
GEORGE w. KIRKBRIDE,
By HoLLIsrER, OBEY & HoLLIsrER.
his Atty.
March %, 1853
The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-04-13

MASTER COMMISSIONERS SALE.-By
VA- virtue of a mandate to me directed from the
Court OF Common Pleas of Monroe county. in the
State of Ohio, in the case of J. A. & G H Da-
venport s. Co. against Ruth Brown and others,
will be offered for sale at public outcry, at the door
of the court house in said county, on
Saturday. the 23rd day Of .april, 1858.
between the hours of 10 O'Clock m, and O'Clock
m, said day the following described real estate.
situate in said county, to wit.
The south east quarter of the north east quarter
Of section l3, in township s, of range 6. contain
ing 40 acres more or less.
VIM. OKEY, Mas. Com
March "a, 40 90 Mon. Com. Pleas.