Zeely v. Yansen — 2 Johns. 386

Majority

p. 385

Zeely against Yansen and Yansen.

Headnote

A justice of the peace lias waniY/ate de circumiiuntibus, in case of a default of summeiied on íhc venire.

ON, the return to the certiorari in this cause, it appeá-red that the justice, for want of a sufficient number ofju-rors w|10 were' summoned on the venire, awarded a tales . ‘ de cixcumstantibus: and the only question was, whether, unt*er 1 act> a justice has power to award a tales.

Gebhardt, for the plaintiff in error.

p. 386

.Henry, contra.

The power of awarding a ¿aZes is incident to a court of justice, and essentiafto its proceédings. By -the first section of the act, every justice is invested with all the power usual in courts of record, for the purpose of hearing and trying causes; and the power of awarding a tales, in case of aMefault of the jurors summoned on t.he venire, is a power usual in courts of record. The justice was, therefore, right in ^’awarding a tales; and the judgment below .must be affirmed.

Judgment affirmed.