1822 - Edocs
1822 - Edocs
1822 - Edocs
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)cenas for wit-<br />
fore whom tried<br />
oceeding-sin wri-<br />
•g—and with a<br />
rv<br />
rv sworn<br />
178<br />
place of residence ;_ or if no such person be found* then<br />
by setting- up a copy on some conspicuous place on the<br />
tenement, in the warrant mentioned.<br />
9. Be it further enacted, That, at anytime after such<br />
warrant shall have been issued, it shall be lawful .for* the<br />
justice issuing- the same, or any justice of the peace for<br />
the county or corporation) or for the clerk of the county<br />
court, to issue subpoenas for witnesses* requiringthem to<br />
attend at the court house, before the justices, >a: the time<br />
appointed asraforesaid, to give evidence on the trial.<br />
Any subpoena so issued, shall be executed in the same<br />
manner, and, to all intents and purposes, shall have the<br />
same force and effect, as a subpoena issued according to<br />
law , in a cause depending in a circuit court.<br />
10. Be it further enacted, That, it shall be the-#uty of<br />
the justices notified as aforesaid, and of the justices who<br />
shall have issued the warrant, to attend at the court house<br />
on the clay therein specified, for the purpose of holding a<br />
court for the trial of the complaint aforesaid ; for which<br />
purpose, such justices, or any two ot them, or» any two or<br />
more justices of the county or corporation, as the case<br />
may be, shall constitute a court. Such court shall be con-<br />
sidered a court of record ;<br />
they shall have power to issue<br />
all proper process, to bring befoyfe them witnesses, or other<br />
persons, whose attendance may be lawfully required by<br />
them ; and they may adjourn from day to day, and from<br />
time to time, until the trial shall be ended ; the sheriff,<br />
sergeant or coronor, as the case may require, shall be attendant<br />
upon them, and execute their orders ; and the<br />
clerk of the county court, shall attend them, and shall record<br />
their proceedings in the proper book, of his office,<br />
and file away and preserve the complaint and warrant aforesaid,<br />
with all other papers exhibited on the trial.<br />
1 1. Be it further enacted, That, when the justices shall<br />
have»so met, and forced a court, on„the day and at the<br />
place aforesaid, if it shall appear to them that the defendant<br />
l k as been duly Served with jjhe warrant, agreeable to<br />
the requisitions of this act, they shall proceed, without<br />
further pleadings in writing, to empannel a jury for the<br />
trial of the complaint aforesaid; The jury shall be composed<br />
of any twelve freeholders, to whom neither party<br />
hath any legal exception; or, if a sufficient number of<br />
such freeholders, to whom neither party hath any legal<br />
excep^on, be not attending, the deficiency shall be made<br />
up of bjfe-standers, being freeholders of the county or<br />
corporation.<br />
12. Be it further enacted. That, when the jury shall<br />
have been so empannelled, they ,sh all bechargedon oath,<br />
in the following manner; that is to say,<br />
If the complaint be of a forcible entry, or of an unlaw-<br />
ful entry, they shall be charged thus.<br />
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