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


paneed and sworn az afore said and the parties
are ready for trial; the Justice shall proceedto
examine all the testimony aud arguments Of
counsel against as well as for the defendant, and
after hearing the same, the jury shall retire to
consider OF their verdict in charge VI a consta.
bic, VINO shall as soon as they agree return
them into court and il shall be the duty OF the
justice to receive their verdict.
Sec H. 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-
PENDANT are proved TO be q trespass under Sec
ton two Of this act.
Sec. 20. And the justice shall receive and
record the verdict Of the jury in his docket and
enter Judgment according to the finding there.
Of, under the provisions OF this act.
Sec. Il. Ia all eases where the defendant
shah dispense with jury, it shall be;he duty of
The justice after the parties are ready for trial,
70 proceed to hear all the proof and allegations
Of the parties, together with all tue arguments
against and for the defendant, and 10 assess the
damages, and to render a judgment in dollars
and cents according 10 the evidence under this
act. and record the same in his docket book.
Sec, r. Upon the rendition OF Judgment as
aforesaid against the defendant, the justice
shall issue an execution forthwith, directed TO
any constable OF the county, and made return.
able within thirty days from III date.
Sec. %. such execution shall be levied on
personal property. but if no personal property
take tue body OF tie defendant, and convey him
TO the common jad Of the county, there to re-
main until the execution shall be paid and sat
isned. Provided that the defendant shall be al
lowed two dollars for every twenty.iour hours
until such debt and oil costs shah be paid at
that rate, which shall fully discharge defendant
from all liability for debt and costs. aud in
Of such discharge therefrom By the jaier. il
shall be the duty Of the County COMMISSIONER
Court to pay ali costs in such case 10 the justt
ces, coRstabies and witnesses out OF any mon
les IN the county treasury not otherN ise appro-
prlated, as they may by law be entitled TO.
Sec. u The execution shall be in the fol
lowing form as near - may be, 80 wit:
STATE OF MINNESOTA, =.
tOunty.
The State OF Mime sofa
To any constable of said county, greeting
You are hereby commanded that OF the goods
s>'-t ehs;.~.-.s ,s>~-e~ s,',N.y, y.sg,',slc
the sum OF debt, and costs, which
the State OF Minnesota lately recovered before
me IN certain plea, against the said and
hereof make return 10 me within thirty days
nom this date and II no goods or chaitels can be
found, or not sufficient to satisfy this exec uton
you are further commanded to take the body OF
the said = ii he can be found within the
state of Minnesota, and convey him TO the
common jail Of the said county, there TO re-
main until thls execution shall be satisfied and
paid.
Given under my hand tins day of A.
ID. Is J.P.
Sec. 2j Appeals from Judgments Of justices
OF the Peace TO the District Court, shall be
granted IN all cases. except on Judgments con
icascd: Provided, The complainant on the pant
Of the state, or the defendant shall III all Gases
give notice Of their intention 20 take such APP
peal AT the time oi the rendition OF such iudg
mcnt and within ten days thereafter enter into
bonds, IN accordance with the statute ia such
case made and provided.
Sec. 70. 1t shall be the daty Of any Constable
INTO whose hands any execution shall come
forthwith 10 proceed to levy the same cndors
ing on the back Of the execution the date of
such levy, and making an cNaC. Inventory OF
the property on whichthe same shall have been
levied ana shall appoint a day and hour Tor
the sale Of such property, giving ten days, pre-
Nl0us notice of the place and hour between the
hours OF . o'clock, \. N. and O'Clock, L. NJ. by
advertisement IN writing, 10 be posted up in at
least three OF the most public places III the
neighbothool, and on the day 80 appointed the
said Constable shall sell the property 40 levied
on, or - much thereof a. may be necessary 10
satisfy TIE execution to the highest bidder for
/ cash, and make return according 10 law,
sec. z. The Constable shall pay over the
debt to the County Treasurer, and take dup.i
tic receipts therefor, and file one with the Au
ditot o! tAo county funds, and the other return
with the execution ~ the justice who issued 1t.
VITA all costs, and The Justice upon the receipt
/ oi such fee, shah when called upon pay the
same to the persons entitled thereto.
sec. -. Justices shah have discretion TO hold
defendant an custody u reasonable length of
time 10 procure Witnesses, not TO exceed three
days. But no continuance can be granted un.
less u rcco-uilahce is entered iat0 with good
security.
see. 20. When any juror OF witness shall,
a'ttF heiI- duly served With process fail or ne.
fuse 20 attend according TO law, IT Shall be the
daty oil the Justice 10 issac an attachment al
the request Of the party requiring he attend.
ahcc oi such witness or Juror before the first
or second Justice of the Peace. a. provided in
this act, directed to any constable OF said conn.
", commanding him forthwith 10 bring before
such Justice the body OF such Juror OF witness,
to ,ho" cause WAY BE- should aot be fined FOR
sash contempt aud on the appearance OF such
juror OF "itges', Oh such attachment IL shall
be Lawful tar the Justice OF tie leace 10 fine
nm "A any sum not less than one dollar nor
more tH"u ten dollars, or wholly discharge
nm Il satisfactory excuse he made
ihe following ,ues shall be allowed 10 the
officers, jurors. and witnesses, uuder THIS act
81 wit:
JUSTICES faK>.
Fof each compliant under oath. q,c,.
For Warrant -
FOR subpoena for one Wines. it..
tvi each Altt.Uiia. uae. ..
For each vrure o..
FOR adm If.ssFtur an 9TH