davidaulloa/AmericanStories huggingface dataset:
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-07-16
LAWS OF OHIO
N''
AN ACT OF Jurisdiction and Procedure be-
fore Justices of the Peace, and Of the du-
ties of Constables in Civil Cases.
CONTINUED
ARTICLEVI.
Witness.
(BY AuTnoRfTY.)

Sec. e5. Any justice may issue subpnnas
to compel the attendance of witnesses to give
evidence on any trial pending before himself,
or for the purpose of taking depositions, or 10
perpetuate testimony.
Sec. &C. A subpoena may be served by a
constable or any other person, and shall be
served by reading the same or stating the
contents thereof to the witness, or by leaving
a copy thereofat his usual place of residence.
Sec. e7 When not served by ceostable
or some other person deputed tor that pur-
pose by Justice, no fees shall be charged in
the suit for servingit
Seq g. If any witness having been sub
poeoaed attend and be not examined by eth
er party, the costs of such witness shall be
paid by the party ordering the subpoena, un-
less the adverse party, by conlessiDg the
matter or otherwise, render unnecessary the
examination of such witness.
Sec. so. Whenever it shall appear to the
satisfaction of Justice, by proof made be-
fore him, that any person has been duly SER
we'd with subpoena to appear and give tes-
timony before him in any matter in which he
has authority to require such witness to ap-
pear and testify, that his testimony is materi-
al and that he refuses or neglects to attend
as such witness in conformity with such sub
pena, the Justice shall issue warrant to ar
rest the delinquentfor the purpose of com
pelliug bis attendance and punising his DISC
bedience.
Sec. 70. When the person arrested is
brought before the Justice or when person
in attendance refuses to testify as a witness,
and no valid excuse be shown, the Justice may
impose fine on him not exceeding five dol
lars. An entry of such fine stating the reas-
on therefor must be made by the Justice ia
his docket, and thereupen shall have the effect
of judgment in favor of the State of Ohio
aginst the delinquent, and may be enforced
against his persoh or property.
Sec, IL Every person subpoenaed as afore-
said, and neglecting to appear or refusing to
testify, shall also be liable 80 the party in whose
behalf be shall have been subpenaed, for all
damages which such party shall sustain by
reason of such delinquency.
Depositions.
Sec. 70. Dispositions may be taken 20 be
read in any cause pendeing before a Justice
OF the Peace, in like manner and subject to the
same restrictions and rules of law as in cases
pending in the Court of Common Pleas
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-07-16
ARTICLE X.
Of Me action for the forciJle entry and de.
Il L Il \. 4 Z

" He actsoh Jor Me J0rct6le entry and de-
teation or JoresLle detention only cfproper-
ty.
Sec 1875. Any Justice, within his proper
county, shall have tho power to enquire in
the manner hereinafter directed, as well
against those who make unlawful and forci-
BILE entry into lands or tenements, and detain
th~ same as against those who having law
!, aid peaceable entry into lands or tene-
ments, unlawfully or by force hold the same
and in It be found upon such enquiry that an
unlawful and forcible entry has been made,
aud that the same lands and tenements are
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-07-16
Justice ofthe Peace

Sec. 1873. The officer shall within ten days
after receiving the writ execute the same by
restoring the plaintiff to the possession his
premises, and shall levy and collect the costs
and make return, as upon other executions g.
If the officer shall receive notice from the
Justice that the proceedings have been stay
ed by an allowence of writ of error, he shall
Immediately delay all further proceedings
upon the execution; and il the premises have
been restored to the plaintiff, he shall imme-
diately place the defendant in possession
thereof aad return the writ With his proceed
ings and costs taxed thereon.
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-07-16
ARTICLE VII.
The trial and ats incidents.

1TFe 1TFV'V WIZ no 1''V0VVTttS'
Sec. 73. AT the time appointed for trial. il
no jury shall have been demanded by either
party, the Justice shall proceed to try the ac
ton, shall hear the proofs and determine the
cause according to law and the right
Sec. "a. Where parties agree to enter
without process before Justice, any action
of which such Justice has cognizance, such
Justice shall enter the same on his docket
and proceed to trial, judgment and execution
IN all respects in the same manner as if sum
mons had been issued, served and returned
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-07-16
Ar5itratsosas.

Sec. o. At any time before trial and
judgement rendered, the plaintiff and defend.
ant consentlng thereto, may have the cause
submitted to the arbitrament of three disn-
teiested men who shall be chosen by the
parties and if the arbitrators be present. they
shall hear and determine the cause or oath
or affirmation. to be administered by the JUS
tlce. But if the persons chosen as arbitra-
tors be not present the Justice shall issue a
summons for them to attend 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 con-
vene and be qualified, they shall proceed to
hear and determine the cause and make out
their award 10 writing; which shall be valid
when signed by any two of them. and return
the same to the Justice; who shall thereupon
enter such award on his docket, and thereon
render judgement and issue execution, as in
other cases.
Sec. SO. Every judgement rendered on
such award, shall conclude the right of the
parties thereto; unless it shall be made to
appear to the Justice of the Peace who rem
dered such judgement and within ten days
from the rendition Of the same or to the
Court of Common Please, on appeal, that such
award was obtained by fraud, corruption, or
other undue means.
Sec, 81. Whenever satisfactory proof shall
be adduced before such Justice within the
period aforesaid that such award was obtain.
ed by fraud, corruption, or other undue means
il shall be competent for such Justice 10 set
aside such award and his judgement thereon
rendered, and thereupon proceed to such final
trial and judgement, as il such award had
never been made.
Sec. 9s. But no appeal shall be allowed
to the Court Of Common Please from Judge
ment Of Justice of the Peace rendered on an
award, unless the party praying such appeal,
shall kle with such Justice an affidavit, there.
IN stating that he or she does verify believe
that such award was obtained by fraud, cor
ruptlon, or other undue means.
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-07-16


Sec IS. In all civil actions after m ap-
pearance of the defendant and before the
court shall proceed to inquire into the merits
of the cause, either party may demand jury
to try the action which jury shall be composed
otsix good and lawful men, having the quail
ifcations of electors, unless the parties shall
agree on less number.
Sec 76. When jury is demanded the
trial of the cause must be adjourned untla
time fixed for the return of the jury. If nei-
ther party desire an adjournment, the time
must be determined by the Justice, and raust
be on the same day, or within the next two
days; the jury must be Immediately selected
as herein proAided
Sec ~. The Justice shall write iu pan
neL the names Of eighteen peasons, citizens Of
the townships, or if the action be one in which
the jurisdiction is not limited to the township,
then citizens of the county from which the
defendant, mis- agent or attorney, shall strike
one name. the plaintiff, his agen: or attoney,
one, and SO alternately until each shall have
slicken six names, and the remaining six shall
constitute the jury to try such case, and If Ell
ther party neglect, or refuse to aid in sticking
the the jury as aforesaid, the Justice shah
strike the same in behalf of such party.
Sec. 78. The Justice thereupon shall issue
a summons for thejury, in which the following
form shall be observed in substance as near
as practicable.
The State OF OHIO, county
To To-----Constable o.
township;
You are hereby commanded to summon
ITO appear before me a--in
said township, on the-day of--A. D.
-, 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 omit
And have you then there this writ with
your doings thereon.
Give under my hand, this---day oil
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-07-16
~ PORTAGE COUNTY
Mutual Fire Insurance Company.
n. r. l3UCKLAND, Agent:
FREMONT. OHIO,


DR. II. s. RICE.
Coninuesthe practice of Medicinein Fremont
and adjacent country
oErlcr, as formerly, on Frontstreet, oppo-
site Deals new building.
Fremont, Nov. 2S, l85o-37
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-07-16

Sec. 70. Dispositions may be taken 20 be
read in any cause pendeing before a Justice
Of the Peace, in like manner and subject to the
same restrictions and rules of law as in cases
pending in the Court of Common Pleas
Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1853-11-11

ARTLEss SIMrLICITY.-A certain little how
OF Petersburgh, Va, who recently lost his
iather, found himself debarred thereby from
attending school us formerly, and. in the full
ness OF his faith, he determined to seek the
wherewlthal at that footstoo to which he
had doubtless been taught to go for other
and higher blessings
IN the simplicity of his heart he sat down
ana gravcly wrote to his Redecmer, thinking
perhaps that so formal mode of prcfcrrnr
ms requests would meet with greater atten-
ton. What was the surprise of the Post
master on discovering among the contents of
ms letter-box, one morning lately missivc
directed to " Jesus Christi Opening it he
read the story Of the boys wants, and, with
noble kindness, he deposited in the en-
vclopc the amount required, and directed it
to the young applicant. Wehavc never. says
the Pctersburgh Democrat, heard story that
in so short compass contains more in
structivc and interesting lesson. 1t combines
q singularly fclicitous union of fine ilustra-
tions of the great pillars of religion, Faith,
Hope and Charity, and we would not wish to
know the man who could hear this plain,
unvarnishcd tale without feeling himself
and his kind cnnoblcd by the recital.
Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1853-11-11
The War of the N SheIls,,,

A noticeable feature in the civil war going
on between the two factions of the "great
united Democratic party in New York is its
personal malignancy and appropriateness
The most opprobrious cpithets. and the most
scurrilous and bitter personal ISLANDERS are the
missiles hurled from side to side, and showered
upon each others heads as freely as sugar
plums in an Italian Carnival. Those who
have read John Van Burcn's late speeches
will not need to go further for examples OF
this mode of warfare John however is fully
matched, with his own weapons, bv some on
the other side. Take a couple of specimens
from speech lately delivered at Syracuse by
Mr.. Cooley, the " hard candidate for
Comptroller. Prince John himself he kindly
alludcs to as the " itinerant polluted speech
filter of short-boy obsccnity, who swings his
listless length from one barnburner squad
to another, .ccring and soothing at the stern
virtues, patriotism, and unwavering political
principles of the man who" &c.-ofM Mr.. Bron-
son, :" in short" Again on the same text
the discharge of Collector Bronson. he speaks
of the Chief Magistrate of the land in the
following amable vein.
"What is the secret Of this high
handed outrage of President Pierce, accom-
panied by the yituperativc and shameless
missive Of insult vulgarty and coarscncss
hurled from the office of the Secretary of the
Treasury at the unorending head of the Col
lcctor as it fell into the Judas Iscariot basket
or bag Of John Van Buren,, by command of a
nm rate county court HcdchcrOW pcttiI0gger
Of Nctc Hampshire, who by dccidcm ,inpl,
happened 10 rcach an crdHcd position only 10
disgrocc il and cor'r hnlscU ruth infdmy."
That is what they call "puttiny'in the adicc-
tivcs' with II vengeance, and what pleasant
christian state of feeling it indicates 1t is
to be hoped the temperature in New York
will moderate u little after election
Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1853-11-11
BURLINGTON FREE PRESS, FRIDAY, NOVEMBER H. 1853

natural right to furnish Intoxicating drinks
to others. and that he therefore ought not to
be restrained by any penal cnactmcnts from
so doing, because that will infringe
the immunity which the constitution extends
over the persons, houses, papers, possessions
and property of every Citizen (and we think
the drift of his remarks would lead most per-
sons to such an infcrencc) we consider such
a doctrine altogether untcnable. The
power, the right, and the eXpcdicncy of res
training by penal cnactmcnts such acts-acts
which the experience Of all the world has
shown to he closely connected with the pres
crvation and welfare of society, is unqucstion-
cd wherever civilized government exists. -
How far and under what limitations it is to
be restrained is fair inquiry
The laws of this State have always put
under legal restraint the traffic in intoxicating
drinks. The right to do so has never been
questioned, and by very few has its cxpcdiency
been doubted.
We assent to the conclusion reached by the
Govcrnor--taking it Just as it stands and
without Il special Interpretation to be applied
to it from what he has said before. - mod
fcation ofthc law which. while it shall pre-
serve the State from the vices of intcmpcrancc,
will also maintain the rights Of our citizens
against Infringement. and their dwellings, from
wanton and malicious intrusion, we do not
see how any one can object to-
-, =: Il. A.
common schools need revising. so that the
character Of the schools. 50 far as dependent
on the laws. may be raised, would have been
more valuable if Il hint had been given Of the
points where cmcndation is necessary. We
fear the legislature will hardly find time this
year to look them up. The recommendation
Of the Colleges and Academies to the atten-
ton of the General Assembly. as worthy Of
aid and encouragement is we'll hut most I'M
fortunately qualified by an implication that
the means for aiding them are to be looked
for in - a rctrcnchmcnt of the expenses of the
government" Rctrcnchmcnt and reform are
hardly in prospect this year, Notwithstanding
a bill has been introduced to reduce the pay
of the members to a dollar day, after they
have been in session four weeks.
The Governors remarks ON the judiciary
meet our unqualified appreciation. If the
party in power will follow the good example
which he admits to have been set by their
political opponents for 50 many years, it will
be well for the State.
The importance to the State of completing
the Geological Survey begun some years ago
and laid aside is dwclt upon, but we see
little ground for hope that anything will
come of what is said. SO long as the means for
completing it are only to be looked for, by
Withholding appropriations from some Of the
various objects TO which they have usually
been made Till the legislature look at that
matter in q moro liberal point of view than
that, the Survey will remain undisturbed
in ITS sleep.
The brief illusions to the political r'latons
of the general government hardly call for
notice.
Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1853-11-11

to the committee ON Manufactures. Bv Mr..
Stevens of Franklin, in addition to chap. "a
{. s.. providing that all dcpositions. where
the adverse party was not present at the
taking, shall he filed with the Clerk thirty
days before Court bv Mr.. IIoyt. in addition
to section 81 and % of chap. 81 G.. s., rcla-
ting to witnesses by Mr.. Stevens of Frank
lin, repeating an act in addition to chap. SO
{. 5, relating to cicctmcnt, approved Nov
II, 1851 by Mr.. IIoyt, providing for uni
form rules Of Court to he used in the County
Court and the Court of Chanccry to the com
mittcc on the Judiciary. Adjourned.
HOUSE.
AFTERNOON.
Reports Of Committees. BY the committee
ON Education, against the bill in amendment
Of chap. 20, c. S, relating to common schools:
on motion of Mr.. Burroughs, the bill was
dismissed BY the committee ON Education.
adversely to the bill in alteration of see. )
chap. 50. c. s., relating to public lands ON
motion of Mr.. Wells, the bill was dismissed.
BY the committee ON Education. avorablv to
the bill to incorporate the Hammond Female
Institute; Sd reading ordered tomorrow
morning.
n message was received from the Governor.
announcing that in consequence of the Senate
not being in session this forenoon. he would
not transmit the annual executive commune
cation till tomorrow ut | | clock.
Bills Mfroduccd and Rc(,rr'A-from the
Senate, to repeal sec I, chap. 81. {. ;. 4; to
the comm;.s,t OF Ways and Means. BY Mr.
Davis of DanvilIc, to repeal see. G5. chap.
Is, c. s.. excepting the last clause thereof!
to the judiciary Committee. BY Mr.. Mathcr,
repeating part of chap. 20, &. 5, relating to
common schools to the committee on Educa-
ton. BY Mr.. Hayden, laying a tax on
Franklin Co.; to the members from Franklin
Co. BY Mr. Smith Of Barre, i'll addition to
chap. l0j G. 5, relating to counterfeting
and forging: to the Judiciary Committee.
BY Mr.. Joslin, of Poultney. for the prcscr-
vation of school houses and academies to
the committee ON Education. BY Mr. WASH
burn. relating to the disclosures of trustees ;
to the committee on Printing Adjourned.
Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1853-11-11
Progress at Montpelier.

The play of oi!iccr-makng goes head
since the arrangements for the several parts
were completed,
F. F. Merrill for the last four years
Secretary Of State, has given place to ID.
p. Thompson-thc Editor of the Green
Mountain freeman. The Wing auditor of
accounts Of course had to walk the plank
also. and the others will follow when their
time comes.
The substantial union Of the Frcc-Soil
party with the locoioco Democrats was pro-
badly effected with reference to these Offices
as we'll as for the election Of Governor. 1t
is pleasant to see how kindly the Grccn
MomfciH Freeman takes to such coalition.
Speaking Of two thirds vote in their caucus
to Join the Democrats, it says
But we are happy to beassured they have
done 50 without the least committal of their
principles. or the least understanding or cX-
pcctation on either side, Of Il fusion or loss of
party identity leaving each party organi1a-
ton to 60 on separately and Independently as
before, and at liberty to cooperate another
year, or not, aS they can agree This we
consider Of much more Importance to the
Free Democracy than the question of the
Offices. which division is not vet completed,
several important state offices and II nitcd
States senator for the short term, if the
Wing Senate will suffer one got of their party
to be elected, remaining to he disposed Of ;
and till they are, and not fairly apportioned
to the Free Democracy, we will defer our
opinion on this part of the subject
Whether the Office Of Secretary Of State has
been fairly apportloncd to the Free De
mocracy" or not, we hope our friend Thomp-
son will makca faithful and competent officer
If he will do as we'll a. his predecessor ha'
DONE he shall have the credit of it-and il
will he no slight credit to him either. liz
thinks the Wigs viii make some outcrl
about the matter " for - their party tried t.
e cry down the similar cooperation in the Mas
t Sachus-tts Legislature, which has been thu
+ means of placing Charles Sumner in TIN
Senate, and of building up the strong st, mos
= efficient and most distinctive Free Democrat
= party in any State of the nion.'
: But the Editor evidently has some mis-
r giyings as to the look Of the thing taken as
c whole. and continues as follows -
/ =. DO the speeches of Wilson, pllfray, Bun
Iinglma and Others Of that State which "
have been publishing the past season, look Il
ii they they were swallowed up, or found
- necessary t. soften down their flee soil prr
'' r,u,.. H. cons 'qucucc of their still continue
., co-ulc,i.lOn with the Democrats ~
Ic Speeches -oi course, speeches are plenty
and they sound good deal like the whi4
Of lngs of boys going by a church yard in til
re dark-ultcred to convince themselves tia
1t there are no ghosts abroad. But can an
4 mortal tell what political party is for whic
N 50 regularly shows speeches and resolution
\ all one way, and when any thing is really
D. be done, SO shapes its course that its votes
is regularly work in cxertly the opposite d're'
10 ton
Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1853-11-11
sen ATE.

SATURDAY. Nov. D, ~ A. NJ.
R,portS Of Commit, es.-Mr, Hyde, from the
Committee on Roads. reported IN favor Of the
bill in relation to the Lebanon Springs and NJ
Y & Bennington Railroad Company, and it
was ordered to third reading.
The resolution, relating to the transmission
OF bills aud resolutions. passed by the Senate,
to the Governor and House, was called up and
passed
EngroSSed BW.-To incorporate the Alburgh
Springs Hotel Co.. read the 3 time and passed.
ADJ.
HOUSE.
Reports Of Committees BY the select CON-.
mlttee, on the bill providing for the organIza-
ton private corporations, in favor of the
passage of the same. with sundry amendments
which were seyeraly agreed to. On motion
of Mr. Hale the bill WIS amended. so as to
provide that every corporation organized under
this act shtll not asSun>e the name of any
other corporation then existing. and on motion
of Mr.. Spencer the bill was further amended
so as TO limit corporations under this act to
capital OF $500 900, us the l,rgest sum- and as
amended WAS ordered to a ID reading. BY the
Judlciry Commitlee, against act relating to-
fire engine companies ordered to lie. Adj
AFTERNOON.
Reports Of COMMITTEES --By the committee.
on Manntactu-es, tavorrbe 10 the hill to incor-
porare the Perrin Slate Co.. with 1n,endments,,
which were agreed TO- and the bill was ordered
to a ihird seldInG; also in favor OF h" bills TO
incorpb rate the Vermont Copper Mining Co.,
to Incorporate ,hc PntSord Mining Co., TO IN
cooperate the Vermont Mulblc COMPANY with.
amanin.cnts to each: ihe bills aAd reports
thereon wer' S'verhljY order'd 10 he.
Engro SD BWS-ro incorporate The Rut-
land " a,rr Co.; re ttthc l,jrt tinr and passed.
. To lt,I pAul In, thar ~
Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1853-11-11
SENATE.
WEDNESDAY, Nov. ,, A. y

W EDNESDAY, Nov. =, y. VI.
Reports Of Committees Hale from the
committee on Roads, reported against the bill
granting ferry To Ammsa l.. liolcomh, and
the Sd reading of the bill was refused.
Mr. Warner, from the committee on Flee
tions. to whom was referred the memorial of
james Martin. PRAYING for IA seat upon the
floor of the Senate, reported against the
PRAYER of the mcmorialist.
The annual executive message was received
from the Governor, and read hy the Secretary
Reports Of CommiHocs.-Nlr. Hale. from
the committee ON Roads, to whom was refer
red the petitions of Henry &. Sake and others
and of Ira Hill and others, reported against
the prayer of the petitions and that the pc
titioners have leave to withdraw. and the re-
port was adopted.
Mr., Coolidge from the committee on the
Judiciary, reported that the committee haC
considered the bill in addition to chap. lO4
@. s, and with proposed amendment, tina
Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1853-11-11
New NOrk Election.

The returns So far are mcagre but the State
has doubtless gone Wing hya large majority.
The contest between the two branches of the
Democratic party is as far as it goes, clearly in
favor Of the llards, The Wigs however are
largely ahead of both.