The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-05-06


panelIed and sworn as afore said and the parties
are ready for trial the Justice shall proceedto
examine all the testimony and arguments Of
counsel against as wei! as for the defendant, and
after hearing the same, the jury shall retire TO
consider OF their verdict in charge vi consta-
bic, who shall As soon as they agree return
them into court. and it shall be the duty Of the
justice to receive their verdict.
Sec. 10. The verdict OF the Jury shall state
guilty or not guilty, and II guilty particularly
the extent Of the same, and what acts OF de-
fendant are proved TO be trespass under Sec
ton two Of this act.
Sec %. And the justice shall receive and
record the verdict Of the jury in his docket and
enter Judgment according 10 the finding there
Of, under the provisions OF this act.
Sec. Il. la all cases where the defendant
shall dispense with jury, 1t shall be the duty OF
The justice after the parties are ready Tor trial,
10 proceed 10 hear al the proof and allegations
Of the parties, together with all the arguments
against and Tor the defendant and 10 assess the
damages, and to render judgmen, III dollars
and cents according 10 the evidence under this
act, and record the same in his docket book.
sec. o. Upon the rendition OF Judgment as
aforesaid against the defendant, the justice
shall issue an execution forthwith, directed 10
any constable Of the county, and made return.
able within thirty days nom IL date.
Sec. -. such execution shall be levied on
personal property, but II no personal property
take the body OF the defendant, and convey him
TO the common jail OF the county, there to re-
main until the execution shall be paid and sat
ished. Provided that the defendant shall be al
lowed two dollars for every twehty.iour hours
until such debt and all costs shah be paid al
that rate. which shall fully discharge defendant
from all Liability for debt and costs, and in case
OF such discharge thereirom by the jaiicr II
shall be the duty Of the County COMMISSIONER S
Court to pay all costs in such case 10 The JUST
! ces, conatabics and witnesses out Of any mon
/ les IN the county treasury not otherwise appro-
piiat d, IA they may by law be emitted 10.
sec. u The execution shall be IN the iol-
/ lowing form Us near as may be, 70 Wit;
[ STATE OF MINNESOTA,
tOuniy.
( The State of Minnesota
/ TO any constable OF said county, greeting
! You are hereby commanded that OF the goods
! and chat,els OF inyour county, you make
/ the -um Of debt, and costs, which
/ the State OF Minnesota lately recovered before
/ me in a certain plea, against the said ana
/ hereof make return 10 me within thirty days
nom this date, and II no goods or ehattels can be
found, or not sufficient To satisfy this execution
/ you are further commanded to lake the body OF
/ the said If he can be found within the
state Of Minnesota, and convey him to the
common jail OF the said county, there 10 re
main until his execution shall be satisfied and
4 paid.
hiNtH ttlfs'i ia manu- VIE na1 VI n.
DIS }. +.
Sec. %. Appeals from judgments Of Justices
Of the Peace 10 the District Court, shall be
granted IN all cases, except on judgments con.
iessed Provided, The comp anant on the pant
Of the State, or the defendant shall IN all cases
give notice OF their intention 10 take such ap-
peal at the time OF the rendition Of such ludg
/ mcnt and within ten days thereafter enter into
{ bonds, IN accordance with the statute IN such
case made and provided.
See. %. 1t shall be the duty Of any Constable
/ into whose hands any execution shall come
forthwith TO proceed 10 levy the same, endors-
I Ing on the lack Of the execution the date OF
. such levy and making an exact inventory OF
The property on wllChtle same shall have been
levied ana SHAH appoint day and hour ior
the sale Of such property, giving ten days, pre-
NIous notice OF the place aud hour between the
I hours OF O'Clock, \, N. aud o'clock, +. NJ. BY
I advert jscmcut IN writing, 20 be posted up 10 at
least three Of the most pa6ic places IN the
neghborhOo :, and 90 the day 50 appointed the
said Constable shall sell this property so levied
on, or so much thereof as may be necessary Ia
satisfy the execution TO the highest bidder for
cash, aid make return according to law.
sec. a. The Constable shall pay over the
Debt to the Couuty Treasurer, AID take duph.
te receipts therefor, and lie one with the An.
ditoi Ut u.- county funds, and the other return
with The execution 10 the justice who issued 1t,
"itG all costs, and The Jistoe upon Inc receipt
~
same 90 the persons entitled thereto.
see. =. Justices shall have discretion to hold
defendant "a custody reasonable length oi
time 10 procure witnesses, not 20 exceed three
days. But no continuance can be granted uu.
less rec o-HiAancc Is eutcttd latO with good
I security.
see. 70. Wnsn any juror or witness shah.
amer benz duiy served with process. TAI! or re-
fuse 10 attend according TO law, il shall be the
dat1 ol ihe Justice to Issue an attachment AT
the iefutN 4 oi the party requiring the attend
aHcc Ui such wtHe,s OF idroF before the first
or second Justice Of the Peace. as provided IN
this act, directed 10 any constable Of -ad couu.
y, commanding him forthwith to bring before
sGca Justice the body 81 such juror OK witness.
70 show cause Why Le SHOULD not be fined f0r
'ash contempt, ana on the appearance OF such
Juror or witness, on such attachment, II shall
De Lawful. ir thr Justice of the eace 20 fine
him 81 any sum not less than one dollar nor
more than ten dollars. q wholly discharge
him II satisfactory excuse be made.
ihe following tees shall be allowed TO the
odic.F-, jurors, and witnesses, uaaer this act.
g. wit
JrsrCr> ms
tor each coiDp iA.lt under oath, .jct,.
+ fUr Warrant, y, =.
For subpoena for one wines, Is =.
For tacn AldLon4. vAe, g..
: For each ycu.re. ~,
Z FOR adm al>irrlng an oath q.
! OF 4''Ae'Hs each sui .ns aila- 4u pa
per-, 20
feI epi,iiug each verde, Of Jury. Is"
tof catering each judgment, p
Tor each cout.1uaucc 10.
for recognzauce. 30
Lof order Tor appeal, p
Fer appeal b0ud aj =.
/ For each Transcript ce.tiei with all
1.eIe M 70 a Justice ~ C..rA. 81 90
,oN1tHLf wv.
krs.r