davidaulloa/AmericanStories huggingface dataset:
Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-06
Justice of the Peace


Sec. 49, The constable shall serve such sum-
mons by personal service thereof and return the
same endorsed with the names Of the persons sum-
moned, at the time appointed for the trial of the
cause. s=1 .4e .& -
Sec. 80. Jurors for neglecting or refusing to
attend when properly summoned, or refusing to
serve when- in attendance, shall be liable to the
like penalty, and be proceeded against in same
manner, as witnesses who fail to attend or refuse
to testify.
Sec. 81. The constable shall be in attendance
on the court at and during the progress of the tr
al, and If from challenge other cause the pannel
shall notb full, he my fill the same in the same
manner as is done by the sheriff in the Court of
Common Pleas. ~ sss- a-- =
| Sec 81. When b Jury shall be in attendance
and the cause shall be continued, the jurors must
attend at the time and place appointed for trial
without further notice.
| Sec. SO. IF either party object 20 the compe-
tency Of a juror. the question thereon must be
tried in summary manner by the Justice, who
may examine, the jpfdt or sother witness under
| oath. essEas ss4ss Eszss s. sas<..ss4Es
Sec "a. The Justice Shall administer an oath
or affirmation tothe jury, well and truly to try the
matter in difference between the parties and a
true verdict giEe3 according to the evidence.
Sec. IS. Aeersthe jury shall have been sworn
they shall sif4 staer and hear proofs and allega-
tons of the parties, and after hearing the same
| shall be kept together In some convenient place
Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-06
by the evidencelthat the actou.is brought in the


by the evidencezthat the actionis brought in the
wrong township &
Sec. Jos. Ifthe plaintiff fail to appear at the
return day of the summons, andhis bill of partic-
iars be not filed and evidence before the Justice,
the action must be dismissed. IF the defendant
fail to appear at the return day of the summons,
or if either party fail to attend the time to which
trial has been adjourned, or fail to make the
necessary bill of particulars, or fail in the proof
on his part the cause may proceed at the request
OF the adverse party, and judgment must be given
in conformity with the bills of particulars and
proofs. ..-.....
Sec. 106. When Judgment shall have been
rendered against defendant in his absence; the
same may be set aside, upon the following con-
ditions:
THAT his motion be made within ten days
alter such judgment was entered.
2-That he pay or confess judgment for the
costs awarded against him.
3-That he notify in writing the opposite party,
his agent or attorney, cause it to be done, OF
the opening of such Judgment and Of the time and
place of trial at least five days before the time
the uarty reside in the county, and II he be not a
resident of the county by leaving written notice
thereof at the office of the Justice ten days before
the trial ..s.-
Sec. 1o7 Upon verdict the Justice must inn
mediatelv render JUDGMENT accordingly. when
the trial is bv the Justice, Judgment must bel
entered Immediately after the close OF the trial 1t
the defendant has been arrested or his property
attached: in other cases it must be entered either
at the clse of the trial. if the Justice then de-
sire further time to consider, or by the fourth
dav thereafter. both days inclusive
Sec. 108. When the amount due to either
party exceeds the sum for which the justice is au-
thorized to enter Judgment, such party may remit
the excess and Judgment may be entered for the
residue. A defendant need not remit such excess
and may withhold setting the same OF, and re-
coverv for the amount set off and allowed, or any
part thereof, shall not be bar to his subsequent
action for the amount withheld.
Sec. 100. If the defendant any time before
trial offer in writing to allow Judgment to be taken
against him for a specified sum, the plaintiff may
Immediately have JUDGMENT therefor with the costs
then accrued. But if he do not accept such offer
before the trial. and fail to recover in the action
sum equal to the offer, he cannot recover costs &C,
crued after the offer; but costs must be adJudged
against him. But the offer and failure to accept
it cannot be given in evidence to affect the recov-
erv otherwise than as to costs as above provided
Sec. 40. Where judgment is rendered in 9
case where the defendant is subject to arrest and
imprisonment, it must be stated in the judg-
ment, and entered in his docket. ~.
Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-06
Mexico and Spain.

Rumors are afoat, that treaty has been made
between Spain and Mexico by notice of which
Mexico becomes re-annexed, to Spain The
treaty is said to have been made between Santa
Anna while at Havana, with General Canedo
and was to be ratified as soon as Santa Anna
should be seated in the Dictatorial chair.
1t is said that ratification has been made, and
six thousand troops ordered from the northern
shore of Cuba, to support the coup de etat which
Santa Anna has attempted. Reports say that
the departure of the troops from Cuba, willbe a
signal for Cuba to strike the blow for her eman.
cipation. ssWe tell the story as it wee told tc
u.s.. ~ q. ~ lsi-y n -s-l
Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-06
Sec. 1884, Appeals in the following cases shall

{ sec.l2s.ss Appeals in the following cases shall
not be allowed: 81
lon judgments rendered on confession.
2-Tn jury trials where neither party claim IN
their bill Of particulars sum exceeding twenty
dollars.
3-Tn the action for the forcible entry and de-
tention, or forcibIe detention of real property.
4-In trials of the right of property, under the
statutes, either levied upon by execution or at
tached.
Sec. 1914. When the term of Office of Justice
shall expire between the date of the judgment and
the time limited for appeal, such justice may take
the undertaking for appeal at any time before he
has delivered his docket to his successor, and give
the appealing party transcript. After the deIiv-
ery Of the docket, the undertaking shall be given
to his scccessor and it shall be his duty to give
the transcript and do and perform all things re-
quired of his predecessor.
EcoNcLUDED NEXT wEEK.1 a q
Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-06
aFor if we cannot alter thing.

By cd wen change their names, sir.',
| This is the Poetic language Of the younger
Adams, when an attempt was being made to
change the name of the Anti Democratic party,
from one which had proved signal of defeat, to
a more propitous title.
A great deal has been said about the over.
throw of Whiggery. Some have even said that
the party was entirely annihilated, some, that It
was '.not dead but sleepeth,' and might be gall
vanzed (not Galphinized) into life again without
much trouble. But many have supposed. that
the name of ssWhig'' was one that never could
again be adopted, with the same success that
would attend a name less odious to the people.
They supposed that, could they marshall all Il 8
strength under some. more favored name, VIC
tory would again perch upon their banner, and
the triumphant overthrow of their enemy, make
amendes for all their past dscomfeiture. To eff
feet this, much labor has been expanded, Free
soiler and disaffected disappointed wings, have
met together and laidthe plan of the coming cam
paign. Extravagant ideas of coalition and ulti-
mate success, danced rapidly through their brain,
while the golden dreams of the loayes and fishes
gave relish to the hallucination.
On this platform you find old tory Federalists
Vi tuS AAcAduuCI sCuVOtD SuuSSIfdtN0
in his creed, as aCovenanter IN bis religion. Be-
side him stands the ranting, blovt6tng, @progres-
sive" free soiler. who believes in everything from
spirit rapping down to womens rights, both on
the same PLATFORM! and that through principle,.
Whiggery with its aristocracy, its monied institu-
stions its corporations,its Banks exempt from tax
alton, stands side by side, with the Free soiler,
who goes his length for equal rights and equal
taxation and believes that call men are born free
and equal and are endowed with certain unalien-
rights" negroes and all, while the central or
gan of Ohio whiggery is Disguised with the oppo-
sitionto the Fugitive slave law, and comes out
fat footed and snstains the compromise, and en-.
dorses it as whig doctrine. But then when prin-
ciple is at stake, the trJains differences must be
disregarded. and coalition formed that will re-
ceve the triumph of the anti Democratic party,
and the great principle for which the struggle is
begun, namely"a couple of loaves and few
fshes." Verify the lion and the lamb have lain
down together and little child may lead them"
"How pleasant is it to sse brethren dwell togeth.
er in harmony" As there is now no difference be-
tween the Wings and Free soilers as the Stsv
would indicate, will that establishment please
give us the views of the Editor on the Ohio Stats
Journals position on the compromise ~,
Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-06
Broad Guagc Rail Road.

We learn that the contract for constructing
that portion Of the above Road from the Pa. State
line to Ashland, O., was, on Thursday last, award
ed to H. DooL1TTLE, ESQ.,, of Dayton. Mr.. d. is
one of the most thorough and energetic contract
ors in the State. He has large force and am.
pie means at his disposal We understand his
bid was largely below the Engineers estimate,
and much lower than any other bid offered, al
though cash proposals were made. DIR. D. will
put his forces on in very short time. The pros
poets for the early construction of this great work
have never been more encouraging. 81 -.
Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-06
ARTICLE ~.
Change Of the place Of trsa1.

Change of the place Of trsGG
Sec. 81. IF on the return of process, or at any
fine before trial shall have commenced, 1t shall
be made satisfactorily to appear to the Justice OF
the Peace before whom any cause is instituted
or is pendng for trial, by the affidavit or either OF
the parties in the case:
THAT such Justice is material witness for
either party; or,
o-If a iury be demanded by the adverse party,
: then that be cannot as he verify believes have
fair and impartial trial IN sucn township on ac-
count of the bias or prejudice OF the citizens
Sec. So. If the place of the trial be changed
= on account of the Justice being material wit
ness in the cause, such cause shall De transferred
. for trial before some other Justice OF the Peace
of the same township, If there De one mere legal
. " competent to try such cause; It there be no
such Justice within such township, or if such
i change he GRANTED on account of this bias preju-
dice of the citizens of such township against such
party, or because he adverse party has an undue
advantage over him therein, the case shall be tax
en- to some justice in an adjoining township OF the
I same county.
~ Sec 6o. The Justice granting such change,
shall deliver or transmit the papers IN the cause,
together with certified transcript of the proceed
ings before him, to the justice to Whom such
change may be granted, who proceed tnerein, ana
i have the same jurisdiction. powers, and duties, IN
Z all respects whatever, as It sucn suit hao oeen
originally Instituted before him.
Sec 60. Before any such change shall be al
lowed, the costs as specified in the next follow
ing section, shall be paid by the party applying for
such change, or he shak have confessed Judg-
ment therefor before the Justice granting the
change.
Sec. 81. When such change ID at the instance
of the plaintiff. he shall be taxed with all the
costs which have accrued, and which SHALL accrue
in the cause until such transcript and papers shall
! be delivered to the Justice to whom such Cause
is removed for trial, and when on the application
of the defendant, he shall be taxed with the costs
which have accrued for issuing subgnas for wit
nesses and service there wit 8 fees, and costs
of Justice for transferring the cause to the docket
of the other Justice.
Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-06
Hon. MI. IIoagland.

We are grati6ed to learn, that our old friend
Col. Hoagland of Millersburg, Ohio, has been
appointed by the President q. 8. Judge of the
Territory of Washington. This is good seiec-
ton. Wehave long known Col. HoagIand. and
can bear testimony to his worth, with strong nat
ural powers of mind he possesses thorough and
critical knowledge of the law, ready tact and a
practical knowledge of his profession which has
placed him at the head of the bar in the section of
country in which he lives. s*saF ~
Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-06
The Fourth

Passed off very quietly yet agreeably here. No
arrangements were made for general celebra-
ton, but the people would not forget the anniver-
sary of our national Independence, and were de-
termined to commemorate the event-every one
as best he could under the circumstances. On
the spur of the occasion pic mic was got up on
the Agricultural Fair grounds, where an oration
was delivered by Q. P. Brown, Esq, and regu-
lar and volunteer toasts drunk, and where every
thing passed off quite agreeably to those who
participated. Another pic mic was got up on
the banks of Lake Pepin, and though no timely
notice was give nor any concert of action
had in making the arrangements, goodly
number were in attendance, among them the Ra-
VIENNA Brass Band and our excellent Glee Club,
and every thing went off right merrily. There
also were assembled large number of people
from Streetsborough, who had come down with
ton on the banks of the beautiful Lake, and with
them were their speakers, who delivered appro-
pirate addresses on the occasion, and a choir who
walked the woods around with their melody
Many of of our people went abroad where they
could have opportunity to enjoy old-fash-
ioned celebration. Ample evidence was afforded
of the settled regard the people for that great
and glorious day which gave birth to. American
independence. There was no lack ofenthusiasm,
and all that was needed to have had a general
celebration worthy of the great day, was for some
few to take the lead and give direction.
Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-06

oFr Notwithstanding the Freesoil papers have
declared often that the Wing party was dead
and its body mere mass of putrescence, they
have manifested an inordinate hankireng to"suck
in" the Putrid heap and incorporate it with their
own flesh, and it is mooted question whether
such aliment is not peculiarly adapted to their
ravenous maws. But it is strongly suspected tha,
the free soil leaders are preparing themselves
for passage down the gullet of whiggcry.
Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-06
ARTICLE vi.
Witness.

| Sec. 65. Any Justice may issue subpenas to
compel the attendance of witnesses to give evil
dence on any trial pending before himself or for
the purpose of taking depositions, or to perpetu-
ate testimony.
| Sec. Sc. A subpoena may be served by a con-
stable or any other person. and shall be served by
reading the same or stating the contents thereof
to the witness, or by leaving copy thereof at his
usual place Of residence.
Sec. ST. When not served by constable or
some person deputed for that purpose by Justice,
no fees shall be charged in the suit for serving it.
Sec. 6S. If any witness having been subpoena
ed, attend and be not examined by either party,
the costs of such witness shall be paid by the par
ty ordering the subpoena, unless the adverse par
ty, by confesslng the matter or otherwise. render
unnecessary the examination of such witness.
Sec. SO. Whenever it shall appear to the sat
isfuction of Justice, by proof made before him,
that any person has been duly served with sub
peena 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 testi
mony is material and that he refuses neglects
to attend as such witness in conformity with such
subpoena, the Justice shall issue a warrant to ar
rest the delinquent for the purpose of compelling
his attendance and furnishing his disobedience.
Sec. 70. When the person arrested is brought
before the Justice or when person in attendance
refuses to testify witness, and valid ex-
cuse be shown, 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 a judgment in favor Of the State Of
Ohio against the delinquent, and may be enforced
against his person or property.
Sec. II. Every person subpenaed as afore-
said, and neglecting to appear refusing to testi
fly, shall also be liable to the party in whose be-
half he shall have been subpenaed, for all DANA
ges which such party shall sustain by reason of
such delinquency. -.
Deposttions.
Sec 72. Dispositions may be taken to be read
in any pending before Justice Of the Peace.
in like manner and subject to the restrictions
and rules of law in cases pending in the Court
of Common Pleas.
Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-06
ARTICLE V.

Sec. s2 Upon the return day, If jury be re-
quired, or il the Justice be actually engaged in
other official business, he may adjourn the trial
without the consent Of either party as follows:
Is i--Where a party is in attendance, who is not
resident of the county, or where the defendant
10 in attendance under arrest, the adjournment
not to exceed fortyeight hours and the defendant,
If under arrest, to continue in custody.
2--In other cases. not to exceed eight days un-
less by consent ofparties. Ifthe trial be not ad-
journed, it must take place Immediately upon the
return Of the summons. .s5ssz -.
Sec. 90. The trial may be adjourned upon
Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-06

OF The long law, part of which we publish
this week, has crowded out our usual variety. The
great Importance of this act has induced US to
put it in larger type than we generally use for
printing the laws. We shall soon be through
with the laws, when we shall be able to make
our paper more generally interesting.
Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-06
ARTICLE VIII.
Judonaents.

Sec. 1o4. Judgments that the actions be dis
missed without prejudice to a new aefion may be
entered with costs, in the following cases:
l-When the plaintiff voluntarily dismisses the
action before it is finally submitted.
2-When he fails to appear at the time sPeci-
fed in the summons, or upon adjournment, OF
within one hour thereafter. fs
3-When it is objected at the trial and appearr
Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-06

0TWe are requested by the Town Clerk of
Streetsboro, to omit the name of James w. Clark
one of the Trustees of that township, from the
Ordinance which we publish in columns, as
his name was attached thereto through mistake
or misapprehensien. .5' --a S-
Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-06
ARTICLE VII.
The trial and ats incidents.

s The TRIAL and ats iqacidents- ------~---~-
Sec. 73. At the time appointed for trial, if no
Jury shall have been demanded by either party,
the Justice shall proceed to try the action, shall
hear the proofs and determine the cause according
to law and the right.
Sec. Al. 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 summons had been issued,
served and returned.
Z, - --. .s~., -. ..-.- Jury. r., .-..-...-
Sec. IS. In all civil actions after an appear
ance of the defendant, and before the court shall
proceed to inquire into the merits Of the cause,
either party may demand a jury to try the action
which jury shall be composed of six good and law
full men, having the qualifications of electors, un-
less the parties shall agree on less number.
Sec. 76 When jury is demanded the trial Of
the case must adjourned until time fixed for
the return Of the jury. If neither party desire an
adjournment, the time must be determined by the
Justice, and must be on the same day, or within
the next two days.; the jury must be Immediately
selected as herein provided.
Sec. II. The Justice shall write in pannel,
the names of eighteen persons, citizens of the
township, or if the action be one in which the jur
isdiction is not limited to the township, then ct
zens of the county, from which the defendant. his
tiff his agent or attorney, one, and SO alternately
until each shall have stricken six names, and the
remaining six shall constitute the jury to try such
case and if either party neglect, or refuse to aid
in striking the jury as aforesaid, the Justice shall
strike the same in behalf of such party.
Sec 7S. The Justice thereupon shall issue. a
summons for the Jury, in which the following form
shall be observed in substance practi-
cable: .z@
The State of Ohio, county :
To -- Constable of --
township; ys.s- -5@ - -.s
You are hereby commanded to summon
--------- to appear before me at --- -------
in said township, on the - day of -
A. d. at -- O'Clock in the -
noon, to serve as juror in pending before
me, then and there to be tried. And this they
shall in no wise omit. ---lz-- :. .-...-.s
And have you then there this writ with your do
iDgs thereon.
Given under my hand, this ---. day of
- A. D. -. .ss,
Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-06

SHOCKING AccIDENT.-We learn that at Cuya-
hoga Falls, on the morning of the Fourth, a man
hid his arm blown off and eye put out by the
premature discharge Of cannon. We did not
learn the name of the unfortunate man nor the
particulars of the sad affair.
Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-06
ARTICLE III.
Bill of Particulars.

1511 OF FGTJacnt6rS.
Sec 81. In all cases before Justice, the
plaintiff, his agent or attorney, shailfle With such
Justice bill of the particulars of his demand,
and the defendant if required by the plaintiff, his
agent or attorney shall file like bill of the par
ticulars he may claim set-of, and the evil
der,ce on the trial shall be confined to the items
get forth in said bills.
Sec. IS. The billsof particulars must state
in plain and direct manner, the facts constitut-
ing the cause of action, the claim to be set-of
Sec. 56. The bill of particulars may be amend
ed at any time before the trial or during the trial.
or upon appeal TO supply any deficiency, or olnis-
sion in the items, when by such amendment. SUBJ
stantial Justice will be promoted. If the amend
lent be made at the time of, or during the trial,
and it be made to appear the satisfaction of the
Justice by oath, that an adjournment is necessary
to the adverse party, in Consequence of such
amendment, an adjournment must be granted.
The Justice may also in his discretion, require as
condition Of an amendment, the payment of
costs to the adverse party, to be fixed by the JUS
tice; but such payment cannot be required, unless
an adjournment Is made necessary by the amend
ment. ~
Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-06

The correspondent ofthe Journal of Commerce
says that proposition will be made I'd purchase
that portion of Oregon which in ls44 was declsS-
ed to be unquestionabls ours. but wss subsequent
| " Welded to Greet Britain. .e sfi .sar.h
Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-06

CoRREcTIoN.-In the title of the law on first
page, read Constables instead of .sCostables."