Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1861-09-12
AN ORDINANCE

Providing for Juries before the Mayor.
SECTION !. Be 1t ordained 6y the Council
of the incorporated Village Of GaLiipolis, That
in all actions for violations of the ordinances
of this village, after the heappearance or arraign-
ment of the defendant, and before the Mayor
shall proceed to inquire into the merits of the
case, the defendant may demand jury to try
the action, which jury shall be composed Of
twelve good, lawful and disinterested men
having the qualifications of electors.
SECTION 9. When a jury is demanded, the
case must be continued, unless jury be in
attendance, until the time fixed for the eturn
of Jury, which must be on the same day, or
within forty hours, and if no jury be in
attendance, the Mayor shall Immediately is
sue venire facIas for a jury, which shall con-
tain the names of twelve citizens of the vii
lage having the qualifications stated in the
first Section, selected by the Mayor, (unless the
defendant demand a struck jury; and the
time and place when they shall be and appear
before the Mayor. The Marshal shall serve
such venire by personal service thereof, and
return the same, indorsed with the names of
the persons summoned, at or before the time
appointed for their attendance. But if jury
be in attendance the case shall proceed accord
ing to law. 81. -lta II.
SECTION g. That whenever a struck jury
shall be demanded, the Mayor shall immedi-
ately write in pannel the names Of thirty six
persons, citizens of said village, having the
qualifications stated in the first section, from
which the party requiring such jury, his
agent or attorney shall first strike off one Of
the names, and the opposite party, its agent
or attorney another, and so on alternately un-
til each shall have struck out twelve names,
and the remaining twelve shall constitute the
jury to try the ease; and if either party neglect
or refuse to aid in striking the jury as afore-
said, the Mayor shall strike the same in behalf
of such party: And which jury shall be sum-
moned as other juries.
| SECTION 4. The Marshal shall be in atten-
dance on the court at and during the progress
of the trial; and if, from challenge or other
cause, the pannel shall not be full, he may fill
the same, in the same manner as is done by the
sheriff in the court of common pleas.
SECTION 5. Each party may peremptorily
challenge two jurors. Challenges for cause
shall be the same as in the court of common
pleas, and their validity shall be determined in
q summary manner by the Mayor
SECTION 6. The Mayor shall administer an
oath or affirmation to the jury, well and truly
to try the case between the parties, and true
verdict to give according to the evidence. Af-
ter the jury shall have been sworn they shall
sit together, and hear proofs and allegations of
the parties, and after hearing the same, shall
be kept together in some convenient place, IN
der the charge Of the Marshal, until they have
agreed upon their verdict or shall be dis
charged by the Mayor When The jury shall
have agreed upon their verdict, they shall de-
liver it to the Mayor publicly, who shall enter
it upon his docket, together with his Judge
ment accordingly thereon pursuant to the or
dinances. a-H-
SECTION Z. Whenever the Mayor shall he
satisfied that jury sworn in any case before
him cannot agree in their verdict, after having
consulted upon it reasonable time he may
discharge them, and continue the case for trial
on the same or the next day before another
jury. unless the defendant wIthdraws his de-
mand for jury, and agrees that the Mayor