time, not exceeding ninety days in all, in the same manner and on the same terms as a second or further adjournment may now be granted by courts of justices of the peace, or to procure the issuing and return of a commission to take testimony, and the trial and all subsequent proceedings shall be had therein and conducted in like manner in all respects as in an action originally commenced before the same justice.

Page 230. Amend § 320, to read as follows:

§ 320. If a new trial be ordered, on an appeal from a judgment of a justice of the peace, it shall be before the same justice, or before any other justice in the same county, in the discretion of the appellate court.

Page 230. Amend § 322, to read as follows:

§ 322. If the judgment below, or any part thereof, be collected, and the judgment be afterwards reversed, the appellate court shall order the amount collected to be restored, with interest from the time of collection. The order may be obtained upon proof of the facts made at or after the hearing, upon a previous notice of six days.

Pages 230 and 231. Amend § 324, to read as follows:

§ 324. The following fees and costs, and no other, shall be allowed on the appeals mentioned in this chapter:

To the appellant, on reversal, if upon affidavit, ten dollars; if upon a return, fifteen dollars:

To the respondent, on affirmance, if upon affidavit, seven dollars; if upon a return, twelve dollars:

To a justice of the peace, for his return, one dollar.

If the judgment appealed from be reversed in part, and affirmed as to the residue, the amount of costs allowed to either party, shall be such sum as the appellate court may award, not exceeding ten dollars.

If the appeal be dimissed for want of prosecution, as provided by section 315, no costs shall be allowed to either party.

Page 236. Amend § 331, to read as follows:

331. The summons shall be accompanied by an affidavit of the person subscribing it, that the judgment has not been satisfied, to his knowledge, or information and belief, and shall specify the amount due thereon.

Page 233. Amend § 337, to read as follows:

§ 337. The statement may be filed with a county clerk; who shall endorse upon it, and enter in the judgment book, a judgment of the supreme court for the amount confessed, with five dollars costs. The statement and affidavit with the judgment endorsed, shall thereupon become the judgment roll.

Pages 241, 242. Amend § 342, to read as follows:

§ 342. The court before which an action is pending, or a judge or justice thereof, may in their discretion, and upon due notice, order either party to give to the other, within a specified time, an inspection and copy, or permission to take a copy, of a paper in his possession, or under his control, containing evidence relating to the

4

merits of the action, or the defence therein. If compliance with the order be refused, the court, on motion, may exclude the paper from being given in evidence, or punish the party refusing, or both.

Page 243. Amend, so as to read as follows:

Change section 347, to 348, and 348, to 347.

Page 243. Amend § 348, to read as follows:

§ 348. The examination of the party may be rebutted by adverse testimony.

Page 246. Amend § 351, to read as follows:

§ 351. No person offered as a witness, shall be excluded by reason of his interest in the event of the action.

Page 246. Amend § 352, to read as follows:

§ 352. The last section shall not apply to a party to the action, nor to any person for whose immediate benefit it is prosecuted or defended, nor to any assignor of a thing in action assigned for the purpose of making him a witness.

Page 249. Amend § 353, to read as follows:

§353. No person residing more than one hundred miles from the place of examination, shall be obliged to attend as a witness before any court or judge, except as provided in section 355.

Page 249. Amend § 354, to read as follows:

§ 354. Whenever either party desires the examination of a witness, who shall reside more than one hundred