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 neces sarily 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

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