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tendant has appeared to such action, and before the said justice has proceeded to enquire into the merits of the cause, to demand a trial by A venire jury, which the said justice is hereby required shall issue to grant; that thereupon a venire shall be is to summon
six men, if sued to summon a jury of six men and no the debt be more, if the debt or demand be of the sum or from five value of five dollars, and not exceeding six- dollars, or teen dollars, or a jury of twelve men, and not 12 men, if less, if the debt or demand exeeed the sum or latter sum. value of sixteen dollars, being citizens of this state, above the age of twenty-one and under the age of sixty-five, and freeholders in the county where the said cause is to be tried, and in no wise of kin to the plaintiff or the defendant, nor interested in the suit, to be and appear before the said justice at such time and place as shall be expressed in the venire, to make a jury for the trial of the action between the parties mentioned therein ; and the constable shall, at the return of the said venire, return, annexed thereto, a panel containing the names of the jurors, whom he shall have summoned by virtue thereof.
21. And be it enacted, That when either of the parties to a suit, before any justice of the peace, shall demand a jury of twelve men, and such jury shall find a sum in favor of such ap- Costs plicant above five and not exceeding sixteen thereof
how to be dollars, then such applicant shall pay one half paid. of the costs of such jury, and if the sum found by such jury in favor of such applicant be under five dollars, then he shall pay the whole costs of such jury, and when either party shall demand a jury of six men, and such jury shall find a sum in favor of such applicant under five dollars, then the said applicant shall pay the costs of such jury.
22. And be it enacted, That to the jurors,
and each of them, who shall be returned to try Juror's any cause as aforesaid, the said justice shall ad
minister the following oath or affirmation :
You do swear, in the presence of Almighty God, (or do affirm, as the case may require) that you will well and truly try the matter in difference between
, and defendant, and a true verdict give according to evidence,
That to every witness produced at the said trial, the said justice shall administer the following oath or affirmation:
You do swear, in the presence of Almighty witoess. God, (or do affirm, as the case may require) that
the evidence you shall give to the court and jury in this matter in difference between
plaintiff, and defendant, shall be the truth, the whole truth, and nothing but the truth.
And that to the constable, who shall be appointed to attend the jury, the said justice shall administer the following oath or affirmation :
You do swear, in the presence of Almighty ble's cath. God, (or do affirm, as the case may require)
that you will, to the utmost of your ability, keep every person sworn (or affirmed) on this jury together in some private and convenient place, without meat or drink, water excepted; that you will not suffer any person to speak to them, nor speak to them yourself, except by order of the court, unless it be to ask them, whether they have agreed on their verdict, until they have agreed on their verdict.
23. And be it enacted, That every person summoned as a juror, or subpænaed as a witness, who shall not appear, or appearing, shall
refuse to serve, or to give evidence in any Penalty on such action, shall forfeit and
for every such defaulting default or refusal, unless some reasonable witoesses,
jurors and cause be assigned, such fine, not exceeding five dollars, nor less than one dollar, as the said justice shall think proper to impose ; and such justice is hereby authorized and required to issue an execution, directed to any consta- how to be ble in the said county, to levy the same of the recovered
& applied. goods and chattels of the offender ; which fine, when recovered, shall be applied by the said justice to the use of the said county.
24. And be it enacted, That if the plaintiff, other than executors or administrators, in any
Cost, in such action, shall be nonsuited, or shall dis
whatcases continue or withdraw his action, without the to be a. consent of the defendant, then judgement shall warded abe given against such plaintiff for the costs, plaintift which have accrued ; or if such plaintiff shall appear to owe or be indebted to the defendant, then judgment shall be given against him for the debt, or damages, and costs, as the case may require.
25. And be it enacted, That when judgment Execution shall be given against the plaintiff or defendant, warded a. by virtue of this act, the said justice shall grant gainst the execution thereupon, commanding the con- goods, stable to levy and make the debt or damages, & body of and costs, of the goods and chattels of the the party. party, and for want of sufficient goods and chattels, whereon to levy and make the same, to take the body of such party, and to convey him to the gaol of the county. Provided always, That when judgment shall be obtained against executors or administrators, execution shall issue thereon in the same manner as it is issued against them in the other courts of law of this state. And provided also, That when
certain sums 2
ments for any judgment given against any freeholder, by
virtue of this act, shall not be more than fifteen
dollars, nor less than five dollars, execution gainst freehold. shall not issue until after one month from the ers, exe.. time of such judgment rendered, and when the
judgment shall exceed' fifteen dollars, no exe, till a given cution shall issue until after three months from period be the time of the render of such judgment, unelapsed,
less the party, in whose favor judgment may be given, shall make it appear to the satisfaction of the justice, on oath or affirmation, that he or she is in danger of losing his or her debt or damages, if such delay of execution be allowed ; in which case the said justice shall issue execution immediately, as hereinbefore directed, unless the party against whom such judgment is given shall thereupon give security to the adverse party for the payment of the debt, or damages, and costs, within the month, or three months, (as the case may be) in this section limited. And further, It is the true intent and meaning of this act, that if any
defendant shall appear at the return of the summons or warrant, or by consent without process, and procure a good and sufficient freeholder, resident in the county, to join with such defendant in a confession of judgment to the adverse party, with costs, then such defendant shall be entitled to all the privileges, which holder is entitled to by virtue of this act.
26. And be it enacted, That the constable, When and how the who, by virtue of such execution, levies on is to adver, any goods and chattels, shall immediately give tise & sell notice, by advertisements, signed by himself, goods
and put up at three or more public places in taken in execution. the township, where they were taken, of the
time and place they will be exposed to sale, at least five days before the time appointed for
selling them, and therein describe the goods and chattels so taken ; and shall, at the time and place so appointed, expose them to sale by public vendue: and strike them off to the highest bidder, and pay the money thence arising agreeably to the directions of such execution.
27. And be it enacted, That for want of goods and chattels whereon to levy, the said
of goods constable shall
, according to the tenor of the the defensaid execution, take the body of the person committed against whom the said execution is issued, and to the convey and deliver him to the keeper of the common
gaol; common gaol of the county, who is hereby commanded to keep such person in safe custody, in the common gaol aforesaid, until the debt, or damages, with costs, be fully paid, or until he be thence delivered by due course of
And if suf. law: And if the said keeper shall suffer such fered to person so committed to his custody to go or escape be at large out of the said gaol, except by vir- the sheriti tue of some writ of habeas corpus, before the to be re. said debt or damages, with costs, be paid, or
sponsible, he be thence delivered by due course of law, then every such going or being out of the said gaol shall be an escape, for which the sheriff shall be responsible to the plaintiff to the amount of the debt, or damages, and costs, for which such person shall be committed, to be recovered by the said plaintiff, with costs, by action of debt.
[28. Repealed by 'a supplemental act of the 16th of February, 1799.--Sect. 3. Rev. 369.]
29. And be it enacted, That if the constable, Penalty on to whom any execution is delivered, shall not constables perform the duties or any of them prescribed bf dues by this act respecting such execution, such constable shall be liable to pay to the person,