The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-08-11

-. Tue provisions OF the law requiring ASts To be
. returned, boxes furnished and the names ofju-
rors drawn are almost uniformly disregarded.
SO that the selection OF juries is generally left
entirely with the sheriff, which is only very
unsatisfactory, bat improper.
The severe penalties imposed by the sections
above upon officers who fail to perform their
duty in this respect, will prababl4 ensure the
selection of jurors in the proper mode.
> JURY LAWS DIRECTORY
The provisions of this code. and all other
| laws Of this state, having relation to the mode
OF selecting, drawing. sufhmonsng and empan-
cling juries are hereby declared TO be direc-
tory merely; and such juries, selected, drawn,
! summoned or empa uelled though in in
formal irregular mode, shall be deemed
4 legal, after they shall have been empanelled
and sworn, and shall possess the power to per-
form all the duties belonging TO such juries
respectively 1872.
THE COMPENSATION OF JURORS.
The issuing of certificates and the keeping of
jury fee book, shall be substantially as is
provided by the Code of 1871.
JURY TAX.
There shall be imposed on each original
suit in the circuit court, in which plea or
other defence shall be filed and on every issue
tried by a jury tax of three dollars, and in
all cases dismissed before plea filed or tried on
an iesue OF fact by the Court without jury,
no jury tax shall be charged; and in each
case coming up by appeal certiorari, tax
OF two dollars - =. Z 100.
TRIAL.
Section 63l Code 1871, is so amended as to
require the defendant to plead on or before the
| second day of the appearance term; ''but this |
| shall not apply to causes triable a. the return
term 1903. All other provisions of the /
Code of 1871 relative to trial, challenging of
jurors, etc, are retained.
| ''BILLs OF EXCEPTION
| To any ruling of the court made before the
| jury retire from the box must be rendered and
| signed during the trial, during the term of
| the court and bills of exception to overrul-
| ing motions for new trial must he presented 10
| the judge for his signature during the term or
within ten days after the end of the term, and
must be signed promptly by him, if found TO be
correct; and if the death resignation or other
incapacty of the Judge should prevent him
from signing such bill of exceptions, the athda-
Wit of the attorney OF record, who represented
the party rendering the bill of RECEPTIONS and
of all of them, II more than one, that 1t cor
rectly states the facts and rulings of the court,
shall be received q substitute for the sigma 3
ture of the Judge it; but in such case, if the
appellee shall file in the supreme court an |
Affidavit of himself or his attorney in the court
below, that the bill of exceptions is not cor Z
rect, stating particularly wherein il is not
correct, he may tile any af1davlts other than
his own touching said matter, and the opposite |
party may do likewise up to the time of the /
call of said case for trial in the supreme court
and said court shall consider and determine
on submission of said case, both to the
truth of the bill of exceptions, and the quea-
tons involved in what said court may deter t
mine as to the bill of exceptions his.
INSTRUCTIONS.
643, Code 1871 is re-enacted, except that it C
is provided that the jury on retirement shall
only take with them the instructions that are C
given. b
DISMISSAL. n
In lien of the proviso to 6l2, Code 1871, the !,
following just provision is adopted: :,
''but, if the defendant has pleaded or filed :,
a set off, he may elect to proceed on such coun-
ter claim plaintiff, with a II the rights of "
a plaintiff, as against such plaintiff, who has IL
suffered a non SUIT or dismissed his cause, b
whether in term time vacation, and may
have "A trial and Judgment, if he maintains
his demand; pr0Uided such a demand is with g
in the jurisdiction of the court; and if not a
1t may be withdrawn for suit in the court h.
having Jurisdiction, and the time between the
commencement of the action in which it was p
presented as set off and the time of non fe
suit or dismissal in term time, the first day Is
Of the term after non suit or dismissal in :
vacation, shall not be computed as any part of '"
the time during which the statute of limita- CO
tIons was running on such set off, but such
time shall be added to the time necessary to
complete the bar of the statute Of limitations
on said claim l7H, ell
WHAT CURED BY VERDICT.
Z 622 Code 1871 is re-enacted except that .,
The word, 'achatsoeger,' in the twenty-third 81
line, is stricken out and the words 'of FORM" ia
Inserted The words in the lines following, I,
'aehether Of form substance, sshich might hare
been taken advantage Of by demurrer, and
chich shall not hare been so tahsn aduantqge
y, are also stricken out. 1927.
JUDGMENTS.
Judgements may be rendered for or against
me or more of several plaintiffs, or for or
against or more of several defendants;
md in such cases, the verdict shall be as the a
light may appear among the several parties
o the action, and shall state separately any
mount allowed to any of the parties" 1872.
such and SO m my verdicts and judgments,
oInt, separate and cross, may be necessary
o the adjustment of the rights OF the several
'rrties may be rendered in the same action ~
1913 po
These sections work a very wholesome and of
much needed reform in respect TO the ohsrao- BE
err and effect of judgments. The improvement W
5 manifest. Ordinarily court of law can re
inter- judgment only for the plaintiff or de- co
Ell liant, the may be- This infiexibility OF
r want of power in the court so to shape it's 10 10
judgments as to effectuate justice, frequently fir
enders a resort TO the chancery court neces Br
airy, anu oLteh Imposes HAEdShlp. Onder II
1e new law, the court will be vested with the he
over to enter any and all such judgments as
nall De necessary TO adjus fully the rights Of gu
Il the parties before it. al
The law to office confession of Judgment Tia,
nd and the lien and enrolment of judg- thu
tents, is not materially chan zed pr
EXECUTIONS WITHOUT REVIVAL. toe
& 1t shall not be necessary to revive judg- in
ent by seire fdcids because no execution no
nall have been issued on such judgment with ma
! year and day after its rendition, but joi
xeeution may be issued without such revi- fur
al" 1-41 an
IN NAME OF REPRESENTATIVE.
When the executor, or administrator of any
Idgment plaintiff shall file an affidavit Of the
cath of such plaintiff. with a copy of his let
RS, execution shall be issued in his name; IS
I'D when an executor, administrator, guar am
an other trustee, shall die leaving judg I pes
ent unsatisfed execution may issue in the re-
ame of his successor above, without seire z;n
eiGs. I 1747. M
DEATH OF PARTIES. 20
a The death of one more of several plain he,
Is in a judgment shall not prevent the issu- He
ice of execution in favor of the survivors. of
l74S. ant
The death Of any plaintiff or defendant af- sur
r the issuance or levy of an execution, shall ton
It prevent the officer from proceeding 10 sell
If the death had not occurred. . 1850.
A -