Page:United States Statutes at Large Volume 31.djvu/1253

FIFTY-SIXTH CONGRESS. SEss. II. Ch. 854. 1901. 1201 Sec. 71. In such case an exception may be taken to any ruling of ‘°X°°p“°“S· the court during the hearing and to such finding on the ground that the evidence was insufficient in law to justify it, and may be stated in a bill of exceptions as in case of a jury trial. Sec. 72. SPECIAL rANEL.——In all cases called for trial in said court Spwiul ¥”“"*1- in which either party shall desire a struck jury the clerk shall prepare a list of twenty jurors from the jurors in attendance and furnish the same to each of the parties, and it shall be lawful for each party or his counsel to strike off four persons from said list, and the remaining persons shall thereupon be impaneled and sworn as the petit jury in said cause; and if eit er party or his counsel shall neglect or refuse to __; strike off from said list the number of persons hereby directed, the` clerk may strike off such names, and the remaining twelve jurors shall be sworn and impaneled as aforesaid. Or, instead of the proceeding aforesaid, if it shall not be insisted upon by either party, it shall be lawful for either party to furnish to the clerk a list of the jurors, not exceeding four in number, whom he wishes to be omitted from the panel sworn in the cause, and the clerk in making up said panel shall omit the `urors objected to as aforesaid: Pwwided, That nothing herein Ifv‘vviS0. contained shall be construed to take away the right of any dperson §§§*§h2,t°p§lf§li§i§§€ to challenge the array or polls of any panel returned, accor ing to "°°‘°d- existing law. Sec. 73. BILL OF EXCEPTIONS.——If, upon a trial of a cause before a Bm°‘€X¤€P*i<>¤¤- jury, an exception be taken, it may be reduced to writing at the time, or It may be entered on the minutes of the justice and afterwards settled in such a manner as may be provided by the rules of the court and stated in a bill of exceptions, with so much of the substance of the evidence as may be material to the questionsto be raised, and such bill of exceptions need not be sealed, and shall be considered a part of the record in case of an appeal from the final judgment rendered in the case. Sec. 74. APPEALS FRoM JUSTICES or THE 1>EAGE.——All appeals from tiézgrgsjfeffggll i¤¤· a justice of the peace shall‘be heard and determined in the circuit court. -wims he2i)rd.c€· Sec. 75. In every caseof an appeal from a justice of the peace, as D<>g}<€Q¤1g Gauss by soon as the appellant shall have made the deposit for costs required by awe im` law, or the rules of the supreme court, or obtained leave. from one of , the ustices or from the court to prosecute his appeal without a deposit, the clerk shall docket the cause, according to its title, for trial before the justice in the said circuit court, and shall issue a su1111nons for the appellee to appear in said court on or before the tenth day, exclusive of Sundays and legal holidays, after the service of said summons. * Sec. 76. If the appellant shall fail to prosecute his appeal by making —bY wvsllée- the deposit or obtaining the leave aforesaid within ten days after the approval of the appeal bond, the appellee may, upon making the de osit for costs, have the case docketed and move for aflirmance of the judgment of the justice, or he may have a trial of the case upon its merits. Sec. 77. If the first summons for the appellee be returned " not to *‘*¤*m°¤S- be found," a second summons of the same kind and tenor shall be issued. Sec. 78. If the appellee shall appear, in obedience to either sum- %pP‘**”*"‘°*’ of ¤P· mons, the case shall stand for trial in such order as the rules of said pe €€` su reme court shall direct. gEC. 79. If the appellee shall fail to appear, although duly sum- —f¤i1¤r¤¤>¤ppé¤r- moned, or two successive writs of summons shall be returned " not to be found," and the appellee shall not appear, the case may then be heard and determined as if he had regularly appeared. Sec. 80. On such appeal the circuit court shall, in asummary way, H¢Mi¤g ds ¤<>r·><>¤ hear the case de novo upon the proofs and allegations of the parties, appeal' and determine the same according to law and the equity and right of the matter; but either party may demand a trial by jury. VOL xxxr-——-76 S-SS