OF THE NATure of Actions Cognizable before this Court,

37

id.

42

46

364

3. Of process by attachment,

471

4. Time, mode and effect of issuing process; and when a de-

fect therein is waived,

493

5. Of process against joint debtors,

497

CHAPTER IV.

OF THE SERVICE AND RETUrn of the ORIGINAL PROCESS,

501

Sec. 1. Of serving the summons,

id.

2. Of the service and return of the warrant,

505

3. Of the service and return of an attachment,

515

4. Certain points in relation to the service and return of

process, not reducible to the foregoing heads,

524

5. How a prochein ami, or next friend of plaintiff, is to be

appointed,

546

6. How to appoint a guardian for the defendant,

549

CHAPTER VI.

OF PLEADING IN A JUSTICE'S COURT,

Sec. 1. Of pleading in general, as applicable to this court,

2. Of the proper parties to the action,

550

id.

552

3. Of the joinder of actions,

560

4. Of the election of actions,

564

5. Of certain rules which relate to pleading in general,

569

Sec. 1. When and for what time an adjournment may be granted,

2. Of the terms on which an adjournment may be granted,

3. When an adjournment umounts to a discontinuance of

838

849

the suit,

856

CHAPTER VIII.

OF TRIAL AND ITS INCIDENTS,

Sec. 1. Of preparation for trial,

2. Of compelling the attendance of witnesses by attachment,

3. Of imposing a fine upon the witness for non-attendance, or
refusing to testify,

4. Of the commission to examine foreign witnesses,

859

id.

861

864

868

5. Of trial before the justice, without a jury,

876

6. Of certain particulars, applicable to a trial before a jus-

tice or jury,

879

7. Of trial by jury,

880

6. Of proceedings against a juror, for not appearing upon a

venire,

904

CHAPTER IX.

Of Contempt of Court, and HOW PUNISHED,

Sec. 1. Of the justice's power to punish for a contempt,
2. Mode of proceeding to punish for a contempt,

3. Of proceedings against a witness for refusing to be sworn,

CHAPTER X.

907

id.

909

912

3. Of parol evidence to explain or contradict written testi-

mony,

952

4. How far books of account are evidence in favor of the

party keeping them.

955

5. Of the incompetency of witnesses,

962

6. Of objecting to, and proving the incompetency of an inter-
ested witness. Of the incompeteney of a party to the
suit, and the wife of a party. Of restoring the compe-
tency of interested witnesses,

968

7. Of the examination of witnesses,

977

8. Of the several ways in which the credit of a witness may

be impeached,

983

9. Of the consequences from the justice's admitting improp-

er evidence,

10. How the evidenee will be considered and weighed, on its
being returned upon certiorari,
11. Of the justice's discretion in admitting or rejecting evi-
dence; and in the time and manner of his receiving it.

CHAPTER XI.

OF DAMAGES,

Sec. 1. Of damages in general,

985

987

988

994

id.

995

- 1007

1010

2. Of damages in an action upon contract,

3. Of damages in an action for a wrong,
4. Of the damages in reference to the time when the action is

commenced, and the form of proceeding in the same,

5. Of assessing the damages, where there are several defend-

ants,

CHAPTER XII.

OF JUDGMENT,

1014

CHAPTER XIII.

2. Of the renewal of an execution, and of issuing further ex-

ecutions,

1039

3. How an execution may be superseded—when it may issue—
and on what terms it may be stayed, -

5. Of the liability of the constable, and his sureties; and of

the constable's liability for suffering an escape from

execution,

1087

CHAPTER XVI.

OF CERTIORARI AND APPEAL,

Sec. 1. Of certiorari,

1092

id.

2. Of the effect which a certiorari has upon the execution in