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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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