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some other justice of the peace in the county. The justice to whom an action may be transferred by the provisions of this section, shall have and exercise the same jurisdiction over the action as if it had originally commenced before him. The justice ordering the transfer of the action to another justice, shall immediately transmit to the latter, on payment of costs, all the papers in the action, together with a certified transcript from his docket, of the proceedings therein. Upon the return day of the summons, 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. When a party, who is not a resident of the county, is in attendance, the adjournment not to exceed twenty-four 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. 537. 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 that he has used due diligence to procure it, and has been unable to do so. Second. The party asking the adjournment shall, also, if required by the adverse party, consent that the testimony of any witness of such 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 produced; 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 to be considered as actually given on the trial, or offered and overruled as improper, the trial shall not be postponed.

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SEC. 538. 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 four months, 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 to procure the evidence, 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, or overruled as improper, the adjournment shall not be had.

SEC. 539. 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 which may be recovered against the party applying.

SEC. 540. If the plaintiff fail to appear at the return day of the summons, the action shall be dismissed.

SEC. 541. If the defendant fail to appear at the return day of the summons, or if either party fail to attend at a day to which the trial has been adjourned, or fail to make the necessary pleading or proof on his part, the case may nevertheless proceed, at the request of the adverse party, and judgment shall be given in conformity with the pleadings and proofs.

SEC. 542. 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 party desire an adjournment, the time at a place shall be determined by the justice, and shall be on the same day, or within the next two days. 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. 543. 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 or any number not more than six nor less than three.

SEC. 544. 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 bystanders, sufficient to complete the jury.

SEC. 545. Either party may challenge the jurors. The challenges shall be either peremptory or for a cause. Each party may challenge for cause, on any grounds set forth in

section number one hundred and sixty-two. Challenges for cause shall be tried by the justice in a summary manner, who may examine the juror challenged and witnesses.

CHAPTER IV.

JUDGMENT AND EXECUTION.

SEC. 546. Judgment of dismissal without prejudice, in what cases entered.

547. Judgment by default.

548. Proceeding when jury trial not demanded.

549. Judgment, how and when entered.

550. Proceedings when amount due exceeds jurisdiction of justice.

551. Effect of defendant offering to allow judgment for specified sum.

552. Judgment when defendant is subject to arrest.

553. Costs to be included in judgment.

554. How execution may be issued to sheriffs on judgment of justice, process on judgment, how issued, lien of judgment.

555. Execution, form of.

557. How executed, examination of debtor on oath.

SEC. 546. Judgment that the action be dismissed without prejudice to a new action may be entered, with costs, in the following cases: First. When the plaintiff voluntarily dismisses the action before it is finally submitted. Second. When he fails to appear at the time specified in the summons, or upon adjournment, or within one hour thereafter. Third. When it is objected at the trial and appears by the evidence that the action is brought in the wrong county; but if the objection be taken and overruled, it shall be cause only of reversal, on appeal, and shall not otherwise invalidate the judgment. If not taken at the trial, it shall be deemed waived, and shall not be cause of reversal.

SEC. 547. When the defendant fails to appear and answer, judgment shall be given for the plaintiff, as follows: When a copy of the account, note, bill, or other obligation upon which the action is brought was filed with the justice at the time the summons was issued, judgment shall be given, without further evidence, for the sum specified in the summons.

SEC. 548. Upon issue joined, if a jury trial be not demanded, the justice shall hear the evidence, and decide all questions of fact and of law, and render judgment accordingly.

SEC. 549. Upon a verdict, the justice shall immediately render judgment accordingly. When the trial is by the justice, judgment shall be entered immediately after the close of the trial, if the defendant has been arrested and is still in custody; in other cases, it shall be entered within four days after the close of the trial. If the action be on contract against two or more defendants, and the summons is served on one or more, but not on all, the judgment shall be entered up only against those who were served, if the contract be a several or a joint and several contract; but if the contract be a joint contract only, the judgment shall be entered up against all the defendants, but shall only be enforced against the joint property of all, and the separate property of the defendants served.

SEC. 550. When the amount found due to either party exceeds the sum for which the justice is authorized to enter judgment, such party may remit the excess, and judgment may be rendered for the residue.

SEC. 551. If the defendant, at any time before the trial, offer, in writing, to allow judgment to be taken against him for a specified sum, the plaintiff may immediately have judgment therefor, with the costs then accrued; but if he do not accept such offer before the trial, and fail to recover in the action a sum equal to the offer, he shall not recover costs, but costs shall be adjudged against him, and, if he recover, be deducted from his recovery. But the offer and failure to accept it shall not be given in evidence to effect the recovery, otherwise than as to costs, as above provided.

SEC. 552. When a judgment is rendered in a certain case where the defendant is subject to arrest and imprisonment thereon, it shall be so stated in the judgment, and entered in the docket.

SEC. 553. When the prevailing party is entitled to costs by this chapter, the justice shall add their amount to the verdict; or, in case of the failure of the plaintiff to recover, or in case of a dismissal of the action, shall enter up judgment in favor of the defendant for the amount of such costs.

SEC. 554. The justice, on demand of the party in whose favor the judgment is rendered, shall give him a transcript thereof, which may be filed and docketed in the office of the district clerk of the county where the judgment was rendered. The time of the receipt of the transcript by the district clerk shall be noted by him thereon and entered in the docket; and from that time executions may be issued by the district clerk on such judgment to the sheriff of any other county of the territory, in the same manner as upon judgments re

covered in the higher courts. All process upon judgments recovered in justices' courts to be executed within the same county, shall be issued by the justice or his successor in office. No judgment rendered by a justice of the peace shall create any lien upon any lands of the defendant, unless a transcript of such judgment, certified by the justice, be filed and recorded in the office of the recorder. When such transcript is to be filed in any other county than that in which the justice resides, such transcript shall be accompanied with the certificate of the county clerk, as to the official character of the justice. When so filed and recorded in the office of the recorder for any county, such judgment shall constitute a lien upon, and bind the lands and tenements of the judgment debtor situated in the county where such transcript may be filed and recorded, in favor of such judgment creditor, as if such judgment had been rendered in the district court of such county.

SEC. 555. Execution for the enforcement of judgment in a justice's court, may be issued on the application of the party entitled thereto, at any time within five years from the entry of the judgment.

SEC. 556. The execution, when issued by a justice, shall be directed to the sheriff, or to a constable of the county, and subscribed by the justice by whom the judgment was rendered, or by his successor in office, and shall bear date the day of its delivery to the officer to be executed. It shall intelligibly refer to the judgment, by stating the names of the parties, and the name of the justice before whom, and of the county where, and the time when, it was rendered; the amount of the judg ment, if it be for money; and if less than the whole is due, the amount due thereon. It shall contain, in like cases, similar directions to the sheriff or constable, as are required by the provisins of title seven of this act, in an execution to the sheriff.

SEC. 557. The sheriff or constable to whom the execution is directed, shall proceed to execute the same in the same manner as the sheriff is required by the provisions of title seven of this act, to proceed upon executions directed to him; and the constable, when the execution is directed to him, shall be vested for that purpose with all the power of the sheriff'; and, after issuing an execution, and either before or after its return (if the same be returned unsatisfied, either in whole or in part), the judgment creditor shall be entitled to an order from the justice requiring the judgment debtor to attend at a time to be designated in the order, and answer concerning his property before such justice, and the attendance of such debtor

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