otherwise, to the satisfaction of the justice, that such party cannot be ready for trial before the time to which he desires an adjournment, for want of material evidence, particularly describing it, and that the delay has not been made necessary by any act of negligence on his part since the action was commenced, that he has used due diligence (which shall be stated) to procure it, and has been unable to do so, and that he expects to procure the evidence at the time stated by him: Provided, That if the adverse party admit that such evidence would be given, and consent that it may be considered as given on the trial, or offered and overruled as improper, the adjournment shall not be had.

Sec. 704. No adjournment shall be granted for a period longer than ten days upon the application of either party, except on condition that such party file an undertaking, with sureties to be approved by the justice, to the effect that they will pay to the opposite party the amount of any judgment that may be recovered against the party applying.

Sec. 705. If the plaintiff fails to appear at the time set for trial, and the defendant appears and demands it, the action shall be dismissed.

Sec. 706. If either party fails to appear at the time set for trial, or fails to make the necessary pleading or proofs on his part, the case may nevertheless proceed at the request of the party present, and judgment shall be given in conformity with the pleadings and proofs.

Sec. 707. A trial by jury shall be demanded at the time of joining issue, and shall be deemed waived if neither party then demand it; when demanded, the trial of the case shall be adjourned until a time and place fixed for the return of the jury. If neither desire an adjournment, the time and place shall be determined by the justice, and shall be within the next two days, or the same day. The jury shall be summoned, upon an order of the justice, from the citizens of the city or township, and not from the bystanders.

Sec. 708. At the time appointed for the trial, the justice shall proceed to call from the jurors summoned the names of the persons to constitute the jury for the trial of the issue. The jury, by consent of the parties, may consist of any number not more than twelve nor less than six, and shall not be summoned until their legal fees for one day's service shall be paid into the hands of the justice by the party demanding the jury.

Sec. 709. Each juror shall be competent to serve as such in the district court. If a sufficient number of competent jurors do not attend, the justice shall direct others to be summoned from the vicinity, and not from the by-standers, sufficient to complete the jury.

Sec. 710. Either party may challenge peremptorily one-half

of the jury. Challenge for cause may be made by either party for any cause that a challenge for cause can be made in the district court. Challenges for cause shall be tried by the justice.

CHAPTER IV.

JUDGMENT AND EXECUTION.

Sec. 711. Judgment entered with costs-when.

Sec. 712. Defendant failing to appear, judgment for plaintiffin what case.

Sec. 713. Justice to hear evidence and decide questions of fact and law.

Sec. 714. Judgment to be rendered immediately after verdict.
Sec. 715. When action against one or more defendants.

Sec. 716. When judgment rendered exceed jurisdiction.
Sec. 717. If defendant confess judgment.

Sec. 718. When defendant subject to imprisonment to be stated in judgment.

Sec. 719. Judgment to be entered in favor of defendant—when. Sec. 720. Justice to give transcript of judgment.

Sec. 721. Execution for enforcement of judgment—when issued. Sec. 722. Execution-to whom directed.

Sec. 723. Officer shall proceed to execute.

Section 711. Judgment that the action be dismissed without prejudice to a new action may be entered with costs in the following cases: First. When the plaintiff voluntarily dismisses the action before it is finally submitted. Second. When he fails to appear at the time set for trial, or within one hour thereafter, and the defendant appears and demands that the action be dismissed. Third. When it is objected at the trial, and appears by the evidence, that the action is brought in the wrong county; but if the objection be taken and overruled, it shall be cause only of reversal on appeal, and shall not otherwise invalidate the judgment. If not taken at the trial, it shall be deemed waived and shall not be cause of reversal.

Sec. 712. When the defendant fails to appear and answer. judgment shall be given for the plaintiff, as follows: When a copy of the account, note, bill, or other obligation upon which the action is brought was filed with the justice at the time the summons was issued, judgment shall be given without further evidence for the sum specified in the summons.

Sec. 713. Upon issue joined, or when the defendant fails to appear, except cases mentioned in the last section, if a trial by

jury be not demanded, the justice shall hear the evidence, and decide all questions of fact and of law, and render judgment accordingly.

Sec. 714. Upon a verdict by a jury, the justice shall immediately render judgment accordingly. When the trial is by the justice, judgment shall be entered immediately after the trial, if the defendant has been arrested and is still in custody. In other cases, it shall be entered within four days after the close of the trial.

Sec. 715. If the action be on a contract against two or more defendants, and the summons be served on one or more but not on all, the judgment shall be entered up only against those who were served, if the contract be a several or a joint and several contract; but if the contract be a joint contract only, the judgment shall be entered up against all the defendants, but shall only be enforced against the joint property of all and the separate property of the defendants served.

Sec. 716. When the amount found due to either party exceeds the sum for which the justice is authorized to enter judgment, such party may remit the excess, and judgment may be rendered for the residue.

Sec. 717. If the defendant, at any time before trial, offer in writing to allow judgment to be taken against him for a specified sum, the plaintiff may immediately have judgment therefor, with the costs there accrued, but if he do not accept such offer before the trial, and fail to recover in the action a sum larger than the one mentioned in the offer, he shall not recover any costs accruing after the offer was made, but the offer and failure to accept shall not be given in evidence to affect the recovery otherwise than as to costs.

Sec. 718. When a judgment is rendered in a case where the defendant is subject to arrest and imprisonment thereon, it shall be so stated in the judgment, and entered in the docket.

Sec. 719. When the prevailing party is entitled to costs by this chapter, the justice shall add their amount to the verdict, or in case of the plaintiff to recover, or in case of the dismissal of the action, shall enter up judgment in favor of the defendant for the amount of such costs.

Sec. 720. The justice, on demand of the party in whose favor judgment is rendered, shall give him a transcript thereof, which may be filed and docketed in the office of the district clerk of the county where the judgment was rendered. The time of the receipt of the transcript by the district clerk shall be noted by him thereon and entered on the docket, and from that time the judgment shall be a lien upon the real property of the defendant, the same as judgments in district courts; and executions may be issued. by the district clerk on such judgment to the sheriff of any other

T

county of the territory, in the same manner as upon judgments rendered in the higher courts. All process and judgments recovered in justices' courts, to be executed within the same county, shall be issued by the justice or his successor in office. No judg ment rendered by a justice of the peace shall be a lien (except when a transcript is filed as above provided), and no levy of an execution from à justices' court shall be made on real property. When such transcript is to be filed in any other county than the one in which the justice resides, such transcript shall be accompanied by the certificate of the county clerk as to the official character of the justice where so filed, and recorded in the office of the recorder of any county. Such judgment shall be a lien upon, and bind the lands and tenements of the judgment debtor, situated in the county where the transcript may be filed and recorded, in favor of such judgment creditor, as if such judgment had been rendered in the district court of such county.

Sec. 721. Execution for the enforcement of judgment in a justice's court, may be issued on the application of the party entitled thereto, at any time within five years from the entry of the judgment.

Sec. 722. The execution, when issued by a justice, shall be directed to the sheriff, or to a constable of the county, and subscribed by the justice issuing the same, and shall bear date the day of its delivery to the officer to be executed; it shall intelligibly refer to the judgment by stating the names of the parties and the name of the justice before whom, and of the county where, and the time when, it was rendered, the amount of the judgment, if it be for money, and if less than the whole is due, the amount due thereon; it shall contain, in like cases, similar directions to the sheriff or constable as are required in executions issued by the clerk of the district court, except as to levying on real property.

Sec. 723. The sheriff or constable to whom the execution is delivered, shall proceed to execute the same in the same manner as the sheriff is required to execute executions issued by the clerk of the district court, and the constable, when the execution is directed to him, shall be vested for that purpose with all the power of the sheriff, except as to levying on real property, and after issuing an execution, and either before or after its return (if the same be returned unsatisfied either in whole or in part), the judgment creditor shall be entitled to an order from the justice, requiring the judgment debtor to attend at a time to be designated in the order, and answer concerning his property before such justice, and the attendance of such may be enforced by the justice. On his attendance, such debtor may be examined on oath, concerning his property, and any person alleged to have in his hands property, moneys, effects, or credits of the judgment debtor, may also be required to attend and be examined, and the justice may order any

property in the hands of the judgment debtor, or any other person, not exempt from execution, belonging to such debtor, to be applied towards the satisfaction of such judgment, and the justice may enforce such order by imprisonment until complied with; but no judgment debtor or other person shall be required to attend before any justice out of the county in which he resides.

CHAPTER V.

GENERAL PROVISIONS.

Sec. 724. Provisions of this act to apply in justices' courts, same as in district courts.

Sec. 725. Justice to keep docket.

Sec. 726. How entries to be made.

Sec. 727. Docket to be indexed.

Sec. 728. Docket to be deposited with successor.

Sec. 729. Justice may issue execution on docket of his prede

cessor.

Sec. 730. Justice elected to fill vacancy.

Sec. 731. Summons, execution, &c., to be filled up.

Sec. 732. In case of sickness of justice another justice may attend.
Sec. 733. Justice may depute any person to serve papers.
Sec. 734. Authority of person so deputed.

Sec. 735. Retiring constable may execute processes already

begun.

Sec. 736. Justice may punish for contempt.

Sec. 737. Act for which person convicted, to be put in docket.
Sec. 738. Justice to issue subpoenas-when.

Sec. 739. Depositions to be taken as in district courts.

Sec. 740. New trial.

Sec. 741. Applications made upon affidavit.

Sec. 742. Party may appeal to district court.

Sec. 743. Undertaking to be filed by party appealing.

Sec. 744. Justice to make out transcript.

Sec. 745. Party appealing failing to reduce or enlarge judgment. Sec. 746. Appeals from justices' courts-how tried.

Sec. 747. Stay of proceedings.

Sec. 748. Costs allowed prevailing party.

Sec. 749. Justice to receive and pay over moneys.

Sec. 750. Justice may require deposit before issuing summons.

Section 724. The provisions of this act, in relation to parties to actions in the district courts, and relative to practice, pleading, and