Studies in Civics Part 47

The State of __________ to the sheriff or any constable of said county:

Whereas, on the ______ day of __________, A. D. 18______, a venire was duly issued by the undersigned, one of the justices of the peace of the said county, in the case of J.T. _vs_ A. M., then pending before me as such justice; and, whereas, one E.F. was duly named as juror therein, and said venire was duly served upon said E.F. by G.H., a constable of said county; and, whereas, the said E.F. failed to appear as such juror, or to render any reasonable excuse for his default, as appears from the return of said constable, and from my docket; now, therefore, you are hereby commanded forthwith to apprehend the said E.F. and bring him before me to show cause why he should not be fined for contempt in not obeying said writ, and to be further dealt with according to law.

Given under my hand, etc.

W.D.D., Justice of the Peace.

DOCKET.

(_With oral pleadings, jury trial, execution, etc._)

State of _________,} County of _______,}ss.

In Justice Court.

Before W.D.D., Justice of the Peace.

J.T., Plaintiff,

_against_

A.M., Defendant.

PLAINTIFF'S COSTS.

_Justice's Fees_.

Summons...............$ 25 Complaint............. 15 Answer................ 15 Reply................. 15 Adjournment........... 15 Oath, 2d adjt......... 15 2d adjournment........ 15 Filing two papers..... 10 3d adjournment........ 15 Swearing jury......... 25 Oath, nine witnesses.. 1 35 Oath, officer......... 15 Judgment.............. 25 Taxing costs.......... 15

$3 55

_Constable's Fees_.

On summons............$1 10 Jury list............. 15 Summoning jury........ 1 00 1 day's att. court.... 1 00 Attending jury........ 50

$3 75

_Plaintiff's Witnesses_.

W.A.,att. and mil.....$1 48 L.D., " " ..... 1 24 Z.S., " " ..... 1 12 J.B., " " ..... 1 36

$5 20

$12 50

August l, 1887.--Summons issued, returnable August 9,1887, at 1 o'clock P.M.

August 5.--Summons returned by Constable S. (Here give the return of the officer.)

August 9, 1 P.M.--Parties appeared and joined issue. Plaintiff complained orally upon a promissory note, and delivered the same to the court, and stated that there was due him $80 and interest thereon, which he claimed to recover Of defendant; verified the same. Defendant answered orally, alleging that said note was given for a horse, which horse was warranted to be sound, whereas, in fact, it was unsound, claiming $100 damages thereby; verified. Plaintiff replied orally, denying the warranty; verified. Plaintiff then applied for an adjournment, and the suit was adjourned to August 16, 1887, at 1 P.M., at my office.

August 16, 1 P.M.--Parties appeared, and defendant applied for an adjournment of thirty days, to obtain material witness, and having shown cause therefor, upon oath, the suit was adjourned to September 16, 1887, at 1 P.M., at my office.

September 16, 1887, 1 P.M.--Parties appeared, and defendant demanded a jury of twelve persons, paying their fees. Venire issued and delivered to Constable G.W. Cause adjourned to September 17, 1887, at 1 P.M., at my office, to give time to summon the jury, and for them to appear.

September 17, 1 P.M.--Parties appear. Two of the jurors not appearing, G.D. and E.F. were summoned as talesmen. The following jurors were sworn: (Give the list.) The following witnesses were sworn for the plaintiff: (Note in order in the docket all exceptions taken to any testimony.) The following witnesses were sworn for the defendant, etc. The following witnesses were sworn in reb.u.t.tal, etc. (All exceptions to rulings of the court are to be noted in the docket in order whenever they occur.)

September 17, 5 P.M.--After hearing the testimony, the jury retire, under charge of Constable G.W., sworn for that purpose.

6 P.M.--Jury returned into court, and say that they find for the plaintiff for the sum of $86.00.

Judgment rendered thereupon against the defendant for $86.00 and costs of suit, taxed at $12.50, on this 17th day of September, 1887.

W.D.D., Justice of the Peace.

September 29, 1887.--Execution issued for $86.00, and interest from September 17, and for $12.50 costs, and delivered to Constable G.W. to collect.

W.D.D., Justice of the Peace.

October 11.--Execution returned satisfied.

W.D.D., Justice of the Peace.

October 15,1887.--Received the above judgment and costs in full.

J.T., Plaintiff.

OATH TO JURORS.

"You do solemnly swear that you will well and truly try the matters in difference between the parties in this cause, and a true verdict give, according to the evidence given you in court and the laws of this state.

So help you G.o.d."

OATH TO WITNESS.

"You do solemnly swear that the evidence you shall give relative to the cause now under consideration shall be the whole truth, and nothing but the truth. So help you G.o.d."

OATH TO OFFICER.

"You do solemnly swear that you will keep this jury together in some suitable place, without food or drink, unless ordered by the court; that you will suffer no person to speak to them upon the matters submitted to their charge until they are agreed, nor will you speak to them yourself about the cause, except to ask them whether they are agreed; that you will permit no person to listen to, or overhear, any conversation or discussion they may have while deliberating on their verdict; that you will not disclose their verdict nor any conversation they may have respecting the cause, until they have delivered their verdict in court, or been discharged by order of the court. So help you G.o.d."

EXECUTION.

State of __________,} County of _________}ss.