empt from such seizure; and, fifth, the actual value of the property.

Sec. 680. The justice shall thereupon, by an endorsement in writing upon the affidavit, order the sheriff or constable of the county to take the same from the defendant and deliver it to the plaintiff upon receiving the undertaking mentioned in the next section.

Sec. 681. 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 the possession of the defendant or his agent, and retain it in his custody, and shall notify the defendant in writing, if he can be found in the county, of the taking of such property, and by what authority.

Sec. 682. At any time within two days after the taking of such property by the officer, the defendant may require the return thereof, upon giving to the officer a written undertaking, with two or more sureties, to be approved by the officer, 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 required, it shall be delivered to the plaintiff, except as provided in this act.

Sec. 683. 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 pos

session.

Sec. 684. When the officer shall have taken the property, as provided in this act, 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. 685. 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 claims to such property by any other person than the defendant or his agent shall be valid against the officer unless so made.

Sec. 686. 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. 687. The qualification of sureties on the several undertakings required by this chapter 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, which facts shall appear by the affidavits of the sureties annexed to the undertaking or endorsed thereon.

CHAPTER III.

PLEADINGS AND TRIAL.

Sec. 688. Pleadings in justice's court.
Sec. 689. Pleadings-when to be in writing.

Sec. 690. Oral pleadings-substance to be entered on docket.
Sec. 691. Complaint-what shall state.

Sec. 692. Answer-what to contain.

Sec. 693. Statement equivalent to denial-when.

Sec. 694. Set-off. Original account or statement to be exhibited. Sec. 695. Defendant admits genuineness of signature—when. Sec. 696. Either party may object when pleading not explicit. Sec. 697. Variance between proof and allegations-how regarded.

Sec. 698. Pleadings-when may be amended.

Sec. 699. Questions of title to real property not to be raised.
Sec. 700. Actions transferred from justice to another.

Sec. 701. When justice may adjourn trial.

Sec. 702. Trial adjourned by consent or on application of either

party.

Sec. 703. Adjournment had-when.

Sec. 704. Adjournment, for how long time.

Sec. 705. Dismissal of action.

Sec. 706. Either party failing to appear, trial may proceed.

Sec. 707. Trial by jury-when demanded-when waived.

Sec. 708. What number shall compose jury.

Sec. 709. Jurors competent to serve in district court.
Sec. 710. Peremptory challenges-how many.

Section 688. 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 defence.

Sec. 689. The pleadings shall be in writing and verified by the oath of the party, his agent or attorney, when the action is for a forcible or unlawful entry upon, or forcible or unlawful detention of, lands, tenements, or other possessions. In all other cases the pleadings may be oral or in writing.

Sec. 690. 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 his 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. 691. The complaint shall state in a plain and direct manner the facts constituting the cause of the action.

Sec. 692. 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 defence, counter-claim, or set-off, upon which an action might be brought by the defendant against the plaintiff in a justice's court.

Sec. 693. A statement in an answer that the defendant has not sufficient knowledge or information to form a belief in respect to a particular allegation in the previous pleadings of the adverse party shall be equivalent to a denial.

Sec. 694. When the cause of action or defences or a set-off to a set-off 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 thereon 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, unless it appear that such instrument is not in the possession of the party pleading it, or under his control.

Sec. 695. 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 maker, indorsers, or assignors thereof unless he specifically deny the same in his answer under oath.

Sec. 696. Either party may object to the pleading of his adversary, or to any part thereof, that it is not sufficiently explicit to

enable him to understand it, or that it contains no cause of action or defence, 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. 697. A variance between the proof on the trial and the allegations in pleading shall be disregarded as immaterial unless the court be satisfied that the adverse party has been misled to his prejudice thereby.

Sec. 698. The pleadings may be amended at any time before 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 upon the trial when an adjournment thereby will be made necessary.

Sec. 699. The parties shall not be at liberty to give evidence by which the question of title to real property shall be raised in 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, or if it appear at any time during the trial that the determination of the action will necessarily involve the decision of the question of title to real property, the justice shall suspend all further proceedings in the action and transmit the pleadings, and a certified transcript of his own proceedings in the action, to the clerk of the district court of his county, and from the time of filing such pleadings and transcript with the clerk of the district court shall have over the action the same jurisdiction as if it were originally commenced therein: Provided, That when the action is certified to the district court, upon the answer of the defendant, he shall file an undertaking, to be approved by the justice, to the effect that he will pay all costs that may be awarded against him on the trial in the district court.

Sec. 700. 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 some other justice of the peace in the county. The justice to whom the action may be transferred by the provisions of this section shall have and exercise the same jurisdiction over the action as if it had been originally commenced before him. The justice ordering the transfer of the action to another justice shall immediately transfer to the latter, on the payment of the costs due from the party procuring the transfer, all the papers in the action, together with a certified transcript of the proceedings that have been had in the action.

Sec. 701. Upon the return day of the summons, if a jury be demanded, 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. When a party who is not a resident of the county is in attendance, the adjournment not to exceed twentyfour hours; when the defendant in attendance is under arrest, the adjournment not to exceed three hours. Second. In other cases not to exceed five days.

Sec. 702. The trial may be adjourned by consent, or upon the application of either party without the consent of the other, for a period not exceeding ten days (except as provided in the next section) as follows: First. The party asking the adjournment shall, if required by his adversary, prove by his own oath or otherwise that he cannot, for want of material testimony which he expects to procure, safely proceed to trial, and shall show in what respects the testimony expected is material and the diligence he has used to procure it. Second. The party asking the adjournment shall also, if required by the adverse party, consent that the testimony of any witness of the adverse party who is in attendance be then taken by deposition before the justice, which shall accordingly be done, and the testimony so taken may be read on the trial with the same effect and subject to the same objections as if the witness were present; but such objections shall be made at the time of taking the deposition. Third. The court may also require the moving party to state upon affidavit the evidence which he expects to obtain, and if the adverse party thereupon admit that such evidence would be given, and that it is considered as actually given on the trial, or offered and overruled as improper, the trial shall not be postponed. It shall appear by the affidavit of the party or otherwise that due diligence has been used to obtain the evidence wanting before a postponement of the trial is made therefor.

Sec. 703. An adjournment may be had either at the time of joining issue or at any time subsequent, to which the case may stand adjourned on application of either party for a period longer than ten days, but not to exceed one month from the time of the return of the summons, upon proof by the oath of the party, or