the justice to whom such cause is removed for trial; and when on the application of the defendant, he shall be taxed for the costs which have accrued for issuing subpoenas for witnesses, and service thereof, witness fees, and costs of the justice for transferring the cause to the docket of the other justice.

ARTICLE V.-Adjournments.

§ 56. Upon the return day, if a jury be required, or if the justice be actually engaged in other official business, he may adjourn the trial without the consent of either party as follows:

First. Where a party is in attendance, who is not a resident of the county, or where the defendant is in attendance under arrest, the adjournment not to exceed forty-eight hours; and the defendant, if under arrest, to continue in custody.

Second. In other cases, not to exceed eight days, unless by consent of parties. If the trial be not adjourned, it must take place immediately upon the return of the summons.

§ 57. The trial may be adjourned upon the application of either party, without the consent of the other, for a period not exceeding thirty days as follows: The party asking the adjournment must, if required by his adversary, prove by his own oath, or otherwise, that he can not, for want of material testimony which he expects to procure, safely proceed to trial.

§ 58. An adjournment may be had either at the return day, or at any subsequent time to which the cause may stand adjourned, on the application of either party, for a period longer than thirty days, but not to exceed ninety days from the time of the return of the summons, upon compliance with the provisions of the preceding section, and upon proof by the oath of the party, or otherwise, to the satisfaction of the justice, that such party can not be ready for trial before the time to which he desires an adjournment for the want of material evidence, describing it, that the delay has not been made necessary by any act or negligence on his part since the action was commenced, and that he expects to procure the evidence at the time stated by him.

ARTICLE VI-Witness.

59. Any justice may issue subpoenas to compel the attendance of witnesses to give evidence on any trial pending before himself, or for the purpose of taking depositions, or to perpetuate testimony.

§ 60. A subpoena may be served by a constable or any other person, and shall be served by reading the same or stating the contents thereof to the witness, or by leaving a copy thereof at his usual place of residence.

§ 61. When not served by a constable or some person deputed for that purpose, by a justice, no fees shall be charged in the suit for serving it.

§ 62. If any witness, having been subpoenaed, attend and be not examined by either party, the costs of such witness shall be paid by the party ordering the subpoena, unless the adverse party, by confessing

the matter, or otherwise, render unnecessary the examination of such witness.

§ 63. Whenever it shall appear to the satisfaction of a justice, by proof made before him, that any person has been duly served with a subpoena to appear and give testimony before him in any matter in which he has authority to require such witness to appear and testify that his testimony is material, and that he refuses or neglects to attend as such witness in conformity with such subpoena, the justice shall issue a warrant for the arrest of the delinquent for the purpose of compelling his attendance, and punishing his disobedience.

§ 64. When a person arrested is brought before the justice, or when a person in atter dance refuses to testify as a witness, and no valid excuse be shown, the justice may impose a fine on him not exceeding five dollars. An entry of such fine, stating the reason therefor, must be made by the justice in his docket, and thereupon shall have the effect of a judgment in favor of the territory of Nebraska against the delinquent, and may be enforced against his person or property.

§ 65. Every person subpoenaed as aforesaid, and neglecting to appear, or refusing to testify, shall also be liable to the party in whose behalf he shall have been subpoenaed, for all damages which such party shall sustain by reason of such delinquency.

Deposition.

§ 66. Depositions may be taken to be read in a cause pending before a justice of the peace, in like manner, and subject to the same restrictions and rules of law as in cases pending in the district court.

ARTICLE VII.-The Trial and its Incidents.

§ 67. At the time appointed for trial, if no jury shall have been demanded by either party, the justice shall proceed to try the action, shall hear the proofs, and determine the cause according to law and the right.

§ 68. Where parties agree to enter, without process, before a justice, any action of which such justice has cognizance, such justice shall enter the same on his docket, and proceed to trial, judgment and execution, in all respects in the same manner as if summons has been issued, served and returned.

Jury.

§ 69. In all civil actions, after the appearance of the defendant, and before the court shall proceed to iuquire into the merits of the cause, either party may demand a jury to try the action, which jury shall be composed of twelve good and lawful men, having the qualifications of electors, unless the parties shall agree on a less number. When a jury is demanded, the trial of a cause must be adjourned until a time fixed for the return of the jury. If neither party desire an adjournment, the time must be determined by the justice, and must be on the same day, or within the next two days; the jury must be immediately selected, as herein provided.

§70. The justice shall write in a panel, the names of twenty-four

persons, citizens of the county, from which the defendant, his agent or attorney, shall strike one, and so alternately, until each shall have stricken six names, and the remaining twelve shall constitute the jury to try, such case; and if either party neglect, or refuses to aid in striking the jury as aforesaid, the justice shall strike the same in behalf of such party.

§ 71. The justice thereupon shall issue a summons for the jury, in which the following form shall be observed in substance as near as practicable:

You are hereby commanded to summon

to appear before me at

at o'clock

in said county, on the day of, A. D. in the noon, to serve as jurors in a case pending before me, then and there to be tried. And this they shall in no wise omit. And have you then there this writ with your doings thereon. Given under my hand this

day of

A. D.

Justice of the Peace.

§ 72. The constable shall serve such summons by a personal service thereof, and return the same endorsed with the names of the persons summoned, at the time appointed for the trial of the case. Jurors, for neglecting to attend when properly summoned, or refusing to serve. when in attendance, shall be liable to the like penalty, and be proceeded against in the same manner, as witnesses who fail to attend or refuse to testify.

§ 73. The constable shall be in attendance on the court at and during the progress of the trial; and if from challenge or other cause the panel shall not be full, he may fill the same in the same manner as is done by the sheriff in the district court.

§ 74. When a jury shall be in attendance and the cause shall be continued, the jurors must attend at the time and place appointed for trial without further notice.

§ 75. If either party object to the competency of a juror, the question thereon must be tried in a summary manner by the justice, who may examine the juror or other witness under oath.

$76. The justice shall administer an oath or affirmation to the jury, well and truly to try the matter in difference between the parties and a true verdict to give according to the evidence.

§ 77. After the jury shall have been sworn they shall sit together and hear proofs and allegations of the parties; and after hearing the same shall be kept together in some convenient place, under the charge of a constable, until they have agreed upon their verdict, or shall be discharged by the justice.

§ 78. When the jury shall have agreed upon their verdict, they shall deliver it to the justice, publicly, who shall enter it upon his docket. § 79. Whenever the justice shall be satisfied that a jury, sworn in any cause before him, can not agree in the verdict, after having consulted upon it a reasonable time, he may discharge them and continue

the cause, and may, if required by either party, proceed to strike another jury, as herein before provided, the cause shall be continued to such time as the justice thinks reasonable, unless the parties or their attorneys agree on a longer or shorter time, or unless they may agree that the justice may render judgment on the evidence already before him.

§ 80. It shall be lawful for the justice before whom a cause has been tried, on motion, and being satisfied that the verdict was obtained by fraud, partiality or undue means, at any time within four days after the entering of judgment, to grant a new trial, and he shall set a time for the new trial, of which the opposite party shall have at least three days' notice.

§ 81. The opposite party shall also have a reasonable notice of such motion for a new trial, if the same is not made on the day of the former trial, and in the presence of such party; such notice to be given by the applying party. If the new trial shall be granted, or the jury be unable to agree, the proceedings shall be in all respects as upon the return of the summons.

§ 82. If either the plaintiff or defendant, in their bill of particulars claim more than twenty dollars, the case may be appealed to the district court; but if neither party demand a greater sum than twenty, and the case is tried by jury, there shall be no appeal.

§ 83. If on appeal by the plaintiff, he shall not recover a larger sum than twenty dollars, exclusive of interest since the rendition of the judgment before the justice, he shall be adjudged to pay all costs in the district court (including a fee of five dollars to defendant's attorney); and in case the defendant shall demand a set off greater than twenty dollars, and he appeal and do not recover twenty dollars he shall in like manner pay all costs in the appellate court, including a like fee to the plaintiff's attorney.

§ 84. Upon the verdict being delivered to the justice, and before judgment being rendered thereon, each juror shall be entitled to receive fifty cents at the hands of the successful party, which shall be taxed in the cost bill against the losing party. When the jury shall be unable to agree upon a verdict, the same compensation shall be paid them by the party calling the jury, and the same shall be taxed in the cost bill against the losing party.

§85. In all cases which shall be tried by a jury before a justice of the peace, either party shall have the right to except to the opinion of the justice, upon any question of law arising during the trial of the cause; and when either party shall allege such exception, it shall be the duty of the justice to sign and seal a bill, containing such exception, if truly alleged, with the point decided, so that the same may be made part of the record in the cause.

Arbitrations.

§ 86. At any time before trial and judgment rendered, the plaintiff and defendant consenting thereto, may have the cause submitted to the arbitrament of three disinterested men, who shall be chosen by the

parties; and if the arbitrators be present, they shall hear and determine the cause on oath or affirmation, to be administered by the justice.

But if the persons chosen as arbitrators be not present, the justice shall issue summons for them to attend at the time and place appointed for the trial, which shall be served by any constable or the parties, as they may agree. The fees of arbitrators shall be the same as that paid to jurors.

§ 87. When the arbitrators shall convene and be qualified, they shall proceed to hear and determine the cause, and make out their award in writing, which shall be valid when signed by any two of them, and return the same to the justice, who shall thereupon enter such award upon his docket, and thereon render judgment and issue execution as in other cases.

§ 88. Every judgment rendered on such award, shall conclude the rights of the parties thereto, unless it shall be made to appear to the justice of the peace who rendered such judgment, and within ten day of the rendition of the same, or to the district court, on appeal, that such award was obtained by fraud, corruption, or other undue

means.

§ 89. Whenever satisfactory proof shall be adduced before such justice, within the period aforesaid, that such award was obtained by fraud, corruption or other undue means, it shall be competent for such justice to set aside such award and his judgment thereon rendered, and thereupon proceed to such final trial and judgment, as if such award had never been made.

§ 90. But no appeal shall be allowed to the district court from a judgment of a justice of the peace rendered on an award, unless the party praying such appeal shall file with such justice an affidavit, therein stating that he or she does verily believe that such award was obtained by fraud, corruption, or other undue means.

§ 91. And if, on appeal from the judgment of a justice rendered on any such award, the district court shall be satisfied that the award was obtained by fraud, corruption, or other undue means, such court shall set aside the award, and proceed to hear and determine the cause on the merits, as in other cases of appeal.

§ 92. But if the court shall be of opinion that the award was not obtained by fraud, corruption, or other undue means, they shall render judgment thereon, for the costs of suit, and award execution as in other

cases.

Trial of the Right of Property Levied on or Attached.

§ 93. When a constable shall levy on or attach property, claimed by any person or persons, other than the party against whom the execution or attachment issued, the claimant or claimants shall give three days' notice, in writing, to the plaintiff or his agent, or if not found within the county, then such notice shall be served by leaving a copy thereof at his usual place of abode in such county, of the time and place of the trial of the right to such property, which trial shall be had before some justice of the county, at least one day prior to the time appointed for the sale of such property.

94. If on the trial, the justice shall be satisfied from the proof,