Red Wing sentinel. [volume] (Red Wing, M.T. [i.e. Minn.]) 1855-1861, 1859-01-08

70 summon SIX )utOrS, VINO are legal voters, |
any two Of whom defendant may object to
without cause, whereupon the Justice shall
order the constable to summon two others
from the bystanders, or, others, and if, de-
fendant object, and show cause, the Justice
may, in his discretion, strike from the list
and add thereto until six good and lawful
jurers shall appear on the list, who shall be
sworn to try the cause according to evidence.
Sec. 16. The Justice shall not cause a
jury to be summoned unless the defendant
shall demand ajury. 3" a1al@9 '49T ssoa o.
Sec. II. In all cases when jury is de-
manded, the party demanding shall advance
the fees, the Justice shall issue his venire as
follows, to wit ''.t
STATS OF M1NNEsorA,) 21n zn@2@
County, @ 1i 5jU:#1
State Of Minnesota, to any constable in said
:" county, greeting: ..,-.-..- 49,. |
You are hereby commanded to summon six
good and lawful men Of your county, legal
voters, and who are not Of kin to nor preju-
dicial against n defendent, to
appear before the subscriber, Justice Of the
Peace, at his dwelling house, [or Office as
the case may be,) in said County, on the
day Of A. D. Is at
d' ' O'Clock, to make jury for
the trial of an action of debt.
Dated this day Of AID. 18
-- -..,..,.....,..r,, eit 4as Haa5 J.. P.
SEC. 49,, After the jury shall have been
empaneled and sword as aforesaid, and the
parties are ready for trial, the Justice shall
proceed to examine all the testimony and
arguments of counsel against, as well as for
the defendant, and after hearing the same,
the jury shall retire to consider Of their YER
dict in charge of a constable, who shall, as
soon as theJ agree, return them into Court,
and it shall be the duty Of the Justice to re-
|ceive their verdict. 80 s.
SEC. 49, The verdict Of the jury shall
state guilty or not guilty, and if guilty, par
ticularly the extent Of the same, and what
acts of defendant are proved to be trespass
under Section two of this Act. ...-....-s
Sec 20. And the Justice shall receive
and record tho verdict of the jury in his
docket, and enter judgment according to
the finding thereof under the provisions Of
this Act. .-.,.r-
SEC q In all cases where the defen-
dant shall dispense with jury, it shall be
the duty of the Justice, after the parties are
ready for trial, to proceed to hear all the
proof and allegations Of the parties, together
with all the arguments against and for the
defendant, and to assess the demages, and
to render judgment in dollars and cents
according to the evidence under this Act,
and record the same in his docket book.
SEC. 22. Upon the rendition ofjudgment
as aforesaid against the defendant, the JUS
tice shall issue an execution forthwith, di-
rected to any constable of the county, and
made returDable within thirty days from
its date.
SEC. %. Such execution shall be levied
on personal property, but If no personal pro-
perty be found, then in that case the con-
stable shall take the body of the defendant,
and convey him to the common Jail of the
County, there to remain until the execution
shall he paid and satisfied. Provided, That
defendant shall be allowed two dollars for
[every] twenty-four hours until such debt
and all costs shall be paid at the rate, which
shall fully discharge defendant from all liza
bility for debt and costs, and in case of such
discharge therefrom by the jailer, it shall be
the duty Of the County Commissioners
Court to pay all costs in such case to the
Justices, constables aud witness out Of any
moneys in the county treasury not otherwise
appropriated, as they may by law be en-
titled to. .,.. .,t1-.
Sec. "a The execution shall be in the
following from as near as may be, to wit :
STATE OF MINNEsoTA,l =,
County.
The State Of Minnesota, to any constable Of
said County, greeting -; nj rr3
| You are hereby commanded tnat of the
goods and chattels of in your coun-
ty. you make the sum Of debt,
and costs, which the State of Min.
nesota lately recovered before me in . Ger.
tain plea, against the said and
hereof make return to me within thilty
days from this date, and if no goods or chat
tells can be found, or not sufficient to satisfy
this execution, you are further commanded
to take the body Of the said
if he eau be found within the State of Min.
nesota. and convey him to the common iail
Of the said county, there to remain until
this execution shall [be] satisfied and paid
j Given under nay hand this day o.
i Sec. Is. Appeals from judgments Of j. US.
tices Of the Peace to the District Court, shall
be granted in all cases, except on judgments
confessed Psorided, The complainant OF
the part ofthe State, or the defendant shall
in all cases give notice of their intention tt
take such appeal, at the time Of the rendi
ton Of such judgment, and within ten day,
Il thereafter enter into bonds, in accordance
with the statute in such case made and pro.
lvided. .rs
Il SEC. 26. It shall b the duty OF any cou
stable into whose hands any execution shall
) come forthwith to proceed to levy the same
endorsing on the back Of the execution tn,