, 1854-05-27


on their verdict they shall deliver the same
to the justice publicly, who shall enter it
on his docket.
Sec. IS. Whenever justice shall be
satisfied that a jury sworn in any civil
cause before him, having been out rea-
sonable time, cannot agree on their verdict,
he may discharge them and issue new
venire, unless the parties consent that the
justice may render Judgment on the evi.
deuce before him or upon such other evi9
dencc as they may produce. -ra
Sec. 49, Every person who shall be
duly summoned as juror and shall not
appear nor render reasonable excuse for
his default, shall be subject to fne not
exceeding ten dollars. 7-
OF JupGMEST.
Sec so. Judgment, that the action be
dismissed without prejudice to new action,
may be entered with costs in the following
cases:
/. When the plaintiff voluntarily dis.
misses the action before it is finally submit
ted
When he fails to appear at the time
specified in the summons upon continuance,
or within one hour thereafter;
3. When il is objected at the trial and
appears by the evidence that the action is
brought in the wrong county, but if the
objection be taken and overruled, it shall
be cause only of reversal or appeal If not
taken at the trial it shall be deemed waived
and shall not be cause Of reversal
Sec. 81. When the defendant fails to
appear and answer at the time specified in
the summons or within one hour thereafter
Judgment shall be given as follows:
/. When the defendant has been served
with copy of the complaint, Judgment
shall be given without further evidence for
the sum specified in the summons
2. In other cases the justice shall hear
the evidence Of the plaintiff and render
Judgment for such sum only as shall appear
by the evidence to be Just, but in no case
exceeding the amount specified in the sum
mons.
Sec. SO. Upon issue Joined, II jury
trial be not demanded, the justice shall hear
the evidence and decide all questions OF law
and fact and render judgment accordingly.
Sec. So. Upon the verdict Of jury
the justice shall Immediately render judg-
ment thereon. When the trial is by the
Justice, judgment shall be entered immedi-
ately after the close of the trial if the de-
fendant has been arrested and is still in
custody, in other cases it shall be entered
within three days after the close Of the trial.
Sec. 81. If the defendant at any time
before the trial, offer in writing to allow
Judgment to be taken against him for o spe-
cited sum, the plaintiff may Immediately
have Judgment therefor with the costs then
accrued, but il he do not accept such offer
before trial and fail to recover in the action
a sum greater than the offer, such plaintiff
shall not recover any costs that may accrue
after he shall have been notified of the offer
Of the defendant, but such costs shall be
adiudged against him, and if he recover,
deducted from bis recovery. But the offer
and failure to accept it shall not be given
in evidence to affect the recovery otherwise
than as to costs as above provided.
Sec. So. When the prevailing party Is
entitled to costs by this act, the justice
shall add their amount to the judgment;
OF. in case of the failure of the plaintiff to
recover, or in case of dismissal Of the ac-
ton, he shall enter up Judgment in favor
Of the defendant for the amount Of such
costs. -.,
STAY OF EXECUTION AND FILING TRANSCRIPTS.
Sec. SO. The execution upon judg-
ment by justice Of the peace, may be
STAYED in the manner hereinafter provided,
upon reasonable notice to the opposite
party, and for the following periods Of
time, to be calculated from the date Of the
judgments sHl .15
lst. II the Judgment be for any sum
not exceeding twenty-five dollars, exclusive
Of costs, one month.
2d. II it be for more than twenty-five
dollars, two months.
Sec. 81. To entitle any person to such
stay of execution, some responsible person
to be approved by the justice, and not be-
ing party to the judgment, must, within
FIVE days after the rendering of the judg-
ment, enter into bond before the justice,
to the adverse party, in sum sufficient
to secure the payment Of the judgment and
costs, conditioned to be void upon such pay
ment at the expiration of the stay.
Sec. SS. Such bond shall be signed BY
the person entering into the same, and may
be in the following form
Where's, A. B. has obtained judgment
before ]. p, one of the justices of the
peace in and for county, on
the day day of Is against
@. D. for dollars Now, there
FORE /, E. F., acknowledge myself bound
to A. b., in the sum of dollars;
this bond to be void, if such judgment shall
after the time it was rendered,
be paid at the expiration Of month
| Dated the day Of Is
f. F.
Sec. SO. If at the expiration Of sneh
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