of the county to take the same from the defendant, and deliver it to the plaintiff, upon receiving the undertaking mentioned in the following section.

SEC. 513. Upon the receipt of the affidavit and order, with a written undertaking, executed by two or more sufficient sureties, approved by the officer, to the effect that they are bound in double the value of the property, as stated in the affidavit for the prosecution of the action, for the return of the property to the defendant, if return thereof be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the plaintiff, the officer shall forthwith take the property described in the affidavit, if it be in possession of the defendant or his agent, and retain it in his custody. He shall also, without delay, serve on the defendant a copy of the affidavit, order and undertaking, by delivering the same to him personally, if he can be found within the county, or to his agent, from whose possession the property is taken; or if neither can be found within the county, by leaving them at the usual place of abode of either, within the county, with some person of suitable age and discretion; or if neither have any known place of abode within the county, by putting them in the nearest post office, directed to the defendant.

SEC. 514. The defendant may, within two days after the service of a copy of the affidavit and undertaking, give notice to the officer that he excepts to the sufficiency of the sureties; if he fails to do so, he shall be deemed to have waived all objection to them. When the defendant excepts, the sureties shall justify, on notice, before the justice; and the officer shall be responsible for the sufficiency of the sureties until the objection to them is either waived, as above provided, or until they justify. If the defendant except to the sureties, he cannot reclaim the property, as provided in the next section.

SEC. 515. At any time before the delivery of the property to the plaintiff, the defendant may, if he do not except to the sureties of the plaintiff, require the return thereof, upon giving to the officer a written undertaking, executed by two or more sufficient sureties, to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for payment to him of such sum as may, from any cause, be recovered against the defendant. If a return of the property be not so required within two days after the taking and service of notice to the defendant, it shall be delivered to the plaintiff, except as provided in this act.

SEC. 516. The defendant's sureties, upon reasonable notice

to the plaintiff, shall justify before the justice; and upon such justification, the officer shall deliver the property to the defendant. The officer shall be responsible for the defendant's sureties until they justify, or until the justification is completed or expressly waived, and may retain the property until that time; but if they, or others in their place, fail to justify at the time appointed, he shall deliver the property to the plaintiff.

SEC. 517. If the property, or any part thereof, be concealed in a building or enclosure, the officer shall publicly demand its delivery, and if it be not delivered, he shall cause the building or enclosure to be broken open, and take the property into his possession.

SEC. 518. When the officer shall have taken property, as in this act provided, he shall keep it in a secure place, and deliver it to the party entitled thereto, upon receiving his lawful fees for taking, and his necessary expenses for keeping

the same.

SEC. 519. If the property taken be claimed by any other person than the defendant or his agent, and such person make affidavit of his title thereto, or right to the possession thereof, stating the grounds of such title or right, and serve the same upon the officer, the officer shall not be bound to keep the property, or deliver it to the plaintiff, unless the plaintiff, on demand of him or his agent, indemnify the officer against such claim, by an undertaking executed by two sufficient sureties accompanied by their affidavits that they are each worth double the value of the property as specified in the affidavit of the plaintiff, over and above their debts and liabilities, exclusive of property exempt from execution, and are property holders of the county; and no claim to such property by any other person than the defendant, or his agent, shall be valid against the officer, unless so made.

SEC. 520. The officer shall return the order and affidavit, with his proceedings thereon, to the justice, within five days after taking the property mentioned therein.

SEC. 521. The qualification of sureties on the several undertakings required by this act, shall be as follows: First. Each of them shall be a resident and property holder within the county. Second. Each shall be worth double the amount stated in the undertaking, over and above all his debts and liabilities, exclusive of property exempt from execution.

SEC. 522. For the purpose of justification, each of the sureties shall attend before the justice at the time mentioned in the notice, and may be examined on oath, on the part of the adverse party, touching his sufficiency, in such manner as the

justice, in his discretion, may think proper. The examination shall be reduced to writing and subscribed by the sureties, if required.

SEC. 523. If the justice find the sureties sufficient, he shall annex the examination to the undertaking, indorse his allowance thereon, and file the same, and the officer shall thereupon be exonerated from liability.

CHAPTER III.

PLEADINGS AND TRIAL.

SEC. 524. Pleadings defined.

525. When to be in writing and verified.

526. Oral, to be entered; written, to be filed.

527. Complaint, what to state.

528. Answer, what to contain.

529. Certain statement in equal to denial.

530. When cause arises on instrument for payment of money.

531. Instrument, genuineness of to be admitted.

532. Objection to pleadings.

533. Variance between proof and allegation.

534. Amendment of pleadings.

235. Title of real property not to be raised, proceedings, when in question.

536. When action to be transferred, and how, adjournment of trial.

540. Plaintiff not appearing action dismissed.

541. Defendant not appearing case may proceed.

542. Trial by jury, when demanded, proceedings when jury trial demanded. 545. Challenging jurors.

SEC. 524. The pleadings in justices' courts shall be-First. The complaint by the plaintiff, stating the cause of action. Second. The answer by the defendant, stating the grounds of the defense.

SEC. 525. The pleadings shall be in writing and verified by the oath of the party, his agent or attorney, when the action is-First. For the foreclosure of any mortgage, or the enforcement of any lien, on personal property. Second. For a forcible or unlawful entry upon, or a forcible or unlawful detention of lands, tenements, or other possessions. Third. To recover possession of a mining claim. In other cases the pleadings may be oral or in writing.

SEC. 526. When the pleadings are oral, the substance of them shall be entered by the justice in his docket; when in writing, they shall be filed in his office, and a reference to them made in the docket. Pleadings shall not be required to be in any particular form, but shall be such as to enable a person of common understanding to know what is intended.

SEC. 527. The complaint shall state, in a plain and direct manner, the facts constituting the cause of action.

SEC. 528. The answer may contain a denial of any of the material facts stated in the complaint, which the defendant believes to be untrue, and also a statement, in a plain and direct manner, of any other facts constituting a defense, or a counter claim, upon which an action might be brought by the defendant against the plaintiff, in a justice's court.

SEC. 529. A statement in an answer that the party has not sufficient knowledge or information, in respect to a particular allegation in the previous pleadings of the adverse party, to form a belief, shall be deemed equivalent to a denial.

SEC. 530. When the cause of action, or counter claim, arises upon an account or instrument for the payment of money only, it shall be sufficient for the party to deliver a copy of the account or instrument to the court, and to state that there is due to him thereupon from the adverse party a specified sum, which he claims to recover or set off. The court may, at the time of the pleading, require that the original account or instrument be exhibited to the inspection of the adverse party, and a copy to be furnished; or, if it be not so exhibited and a copy furnished, may prohibit its being afterwards given in evidence.

SEC. 531. If the plaintiff annex to his complaint, or file with the justice at the time of issuing the summons, a copy of the promissory note, bill of exchange, or other written obligation for the payment of money, upon which the action is brought, the defendant shall be deemed to admit the genuineness of the signatures of the makers, indorsers or assignors thereof, unless he specifically deny the same in his answer, and verify the same by his oath.

SEC. 532. Either party may object to a pleading of his adversary, or to any part thereof, that is not sufficiently explicit to enable him to understand it, or that it contains no cause of action or defense, although it be taken as true. If the court deem the objection well founded, it shall order the pleading to be amended; and if the party refuse to amend, the defective pleading shall be disregarded.

SEC. 533. A variance between the proof on the trial and ⚫ the allegations in a pleading, shall be disregarded as imma

terial, unless the court be satisfied that the adverse party has been misled to his prejudice thereby.

SEC. 534. The pleadings may be amended at any time before the trial, to supply a deficiency or omission, when by such amendments substantial justice will be promoted. If the amendment be made after the issue, and it be made to appear to the satisfaction of the court, by oath, that an adjournment is necessary to the adverse party in consequence of such amendment, an adjournment shall be granted. The court may also, in its discretion, require as a condition of an amendment, the payment of costs to the adverse party, to be fixed by the court, not exceeding twenty dollars; but such payment shall not be required unless an adjournment is made necessary by the amendment; nor shall an amendment be allowed after a witness is sworn on the trial, when an adjournment thereby will be made necessary.

SEC. 535. The parties shall not be at liberty to give evidence by which the question of title to real property shall be raised on the trial before a justice, and if it appear from the plaintiff's own showing on the trial, or from the answer of the defendant, verified by his oath, or that of his agent or attorney, that the determination of the action will necessarily involve the decision of a question of title to real property, the justice shall suspend all further proceedings in the action, and certify the pleadings; or if the pleadings be oral, a transcript of the same from his docket to the district court of the county; and from the time of filing such pleadings or transcript with the clerk, the district court shall have over the action the same jurisdiction as if it were originally commenced therein: Provided, That when the pleadings or transcript are certified to the district court upon the answer of the defendant, he shall file an undertaking, with two or more sufficient sureties, to be approved by the justice, to the effect that they will pay all costs of the action if it be decided against him by the district court.

SEC. 536. If at any time before the trial it appear, to the satisfaction of the justice before whom the action is brought, by affidavit of either party, that such justice is a material witness for either party, or if either party make affidavit that he has reason to believe, and does believe, that he cannot have a fair and impartial trial before such justice, the action shall be transferred to some other justice of the same county; and in case of a jury being demanded, and affidavit of either party is made, that he cannot have a fair and impartial trial on account of the bias or prejudice of the citizens of the precinct or township against him, the action shall be transferred to