ed in ordinary suits.

Chapter XVIII.

Trial by Jury; Execution; Attachment; Appeals; Arrest of Offenders.

Sec.1. The administration of justice in courts of law is not left entirely
to the justices and judges. Parties may not always have sufficient
confidence in the ability, honesty, and impartiality of the justice by
whom a suit is to be tried, to intrust their interests to his judgment.
Therefore the constitutions of all the states guaranty to every person
the right of trial by a jury. This right has been enjoyed in England
many centuries. It was established here by our ancestors, who were
principally from that country.

Sec.2. A _jury_ is a number of men qualified and selected as the law
prescribes, and sworn to try a matter of fact, and to declare the truth
on the evidence given in the case. This declaring of the truth is called
a _verdict_, which is from the Latin _verum dictum_, a true declaration
or saying. A jury in a justice's court consists in most or all of the
states, as is believed, of six men; in the higher courts, of twelve men,
who are generally required to be freeholders. The manner of selecting
the jurors is not the same in all the states.

Sec.3. After issue has been joined, and before testimony has been heard,
either party may demand that the cause be tried by a jury. Whereupon the
justice issues a _venire_, which is a writ or precept directing a
constable to summon the required number of duly qualified men to appear
before the justice, to make a jury to try the cause.

Sec.4. The testimony and arguments on both sides having been heard, the
jurors are put under the charge of the constable, who is sworn to keep
them in some convenient place, without meat or drink, except such as the
justice may order, until they shall have agreed on their verdict, or
have been discharged by the justice; and not to allow any person to
speak to them during such time, nor to speak to them himself, except by
order of the justice, unless to ask them whether they have agreed on
their verdict.

Sec.5. All the jurors must agree in a verdict; and when so agreed, they
return in charge of the constable, and, in open court, deliver their
verdict to the justice, who enters judgment according to the finding of
the jury. If the jurors, after having been out a reasonable time, do not
all agree upon a verdict, the justice may discharge them, and issue a
new venire, unless the parties consent to submit the cause to th