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at the time and place appointed, stating in his return the names of the jurors summoned by him.

Code, s. 859.

1435. Jury for trial, how selected. At the time and place appointed, and on return of the order, if the trial be not further adjourned, and if adjourned, then at the time and place to which the trial shall be adjourned, the justice shall proceed, in the presence of the parties, to draw from the jurors summoned the names of six persons to constitute the jury for the trial of the issue.

Code, s. 860.

1436. Challenges. Each party shall be entitled to challenge, peremptorily, two of the persons drawn as jurors.

Code, s. 861.

1437. What names returned to the jury box. The scrolls containing the names of jurors not summoned, if any, and of those summoned, but not drawn, and of those drawn, but challenged and set aside, must be returned by the justice to his jury box, in division marked number one: Provided, that the scrolls containing the names of such as are not legally liable, or legally qualified to serve as jurors, shall be destroyed.

Code, s. 862.

1438. Tales jurors may be summoned. If a competent and indifferent jury is not obtained from the twelve jurors drawn, as before specified, the justice may direct others to be summoned from the bystanders, sufficient to complete the jury.

Code, s. 863.

1439. Not compelled to serve out of township. No person is compelled to serve as a juror in a justice's court out of his own township, except as a talesman.

Code, s. 867.

1440. Less than six a jury by consent. Six jurors shall constitute a jury in a justice's court, but, by consent of both parties, a less number may constitute it.

Code, s. 866.

1441. Jurors serving on trial. The scrolls containing the names of the jurors who serve on the trial of an issue must be placed in the jury box in division marked number two, until all the scrolls in division marked number one have been drawn out. As often as that may happen, the whole number of scrolls shall be returned to division marked number one, to be drawn out as in the first instance. Code, s. 868.

1442. Additional deposit for jury fees for adjournment. No adjournment shall be granted after the return of the jury, unless the party asking the same shall, in addition to the other conditions imposed on him by law or by the justice, deposit with the justice, to be immediately paid to the jurors attending, the sum of twenty-five cents each, such amount to be in no case included in the judgment as part of the costs. On such adjournment, the jurors shall attend at the time and place appointed, without further summons or notice; and the fees for the jury, deposited with the justice according to section one thousand four hundred and thirty-two, shall remain in his hands until the jury are impaneled on the trial, and shall be then immediately paid to the jurors or to the party entitled thereto.

Code, s. 870.

1443. Jury sworn; impaneled; verdict; judgment. The jury shall be sworn and impaneled by the justice, who shall record their verdict in his docket and enter a judgment in the case according to such verdict.

Code, s. 864.

VI. PROCEDURE BEFORE TRIAL.

1444. Summons, civil action begun by. Civil actions in these courts shall be commenced by the issuing of a summons.

Code, s. 830; 1868-9, c. 159, s. 9.

1445. Summons, by whom issued and what to contain. The summons shall be issued by the justice and signed by him. It shall run in the name of the state, and be directed to any constable or other lawful officer, commanding him to summon the defendant to appear and answer the complaint of the plaintiff at a place, within the county, to be therein specified, and at a time to be therein named, not exceeding thirty days from the date of the summons. It shall also state the sum demanded by the plaintiff or the value of the property sued for, where specific property is claimed.

Code, s. 832; 1874-5, c. 234.

1446. Service and return of summons; fees in advance. The officer to whom the summons is delivered shall execute the same within five days after its receipt by him, or immediately, if required to do so by the plaintiff. Before proceeding to execute it, he is entitled to require of the plaintiff his fees for the service. When executed he shall immediately return the summons, with the date and manner of the service, to the justice who issued the same.

Code, s. 833.

1447. When process issues to another county. No process shall be issued by any justice of the peace to any county other than his

own, unless one or more bona fide defendants shall reside in, and also one or more bona fide defendants shall reside outside of, his county; in which case, only, he may issue process to any county in which any such nonresident defendant resides.

Code, s. 871; 1876-7, c. 287.

1448. Process served on foreign corporation. Whenever any action of which a justice of the peace has jurisdiction shall be brought against a foreign corporation, which corporation is required to maintain a process agent in the state, the summons may be issued to the sheriff of the county in which such process agent resides, and when certified under the seal of his office by the clerk of the superior court of the county in which the justice issuing such summons resides to be under the hand of such justice, the sheriff of the county to which such summons shall be issued shall serve the same as in other cases and make due return thereof. No justice of the peace shall enter a judg ment in such cases against any such foreign corporation unless it shall appear that the process was duly served upon such process agent at least twenty days before the return day of the same. The summons may be made returnable at a time to be therein named, not exceeding forty days from the date of such summons.

1449. How process issues to another county. In all civil actions in courts of justices of the peace where one or more of the defendants may reside in a county other than that of the plaintiff, it shall be lawful for any justice of the peace within the county where such defendant or defendants may reside, upon proof of the handwriting of the justice of the peace who issued the process, to indorse his name on the same, or a duplicate thereof, and such process so indorsed shall be executed in like manner as if it had been originally issued by the justice indorsing it.

Code, s. 872.

1450. Certificate of clerk on process for another county. In all cases referred to in the preceding section, it shall be lawful for the clerk of the superior court of the county in which the action is brought, to certify, under the seal of his court, on the process or a duplicate thereof, that the justice of the peace who issued the same is an acting justice of the peace in his county. And in all such

cases it shall be the duty of any sheriff or constable to whom it may be directed, to make an entry of the date of its reception, and to execute the same as provided for the service of civil process in courts of justices of the peace, and return it by mail to the justice of the peace from whose court it issued.

Code, s. 873; 1870-1, c. 60, s. 2.

1451. When judgment entered against defendants in another county. No justice of the peace shall enter a judgment under the two preceding sections against any defendant who may be a nonresident of his county, unless it shall appear that the process was duly served upon him at least ten days before the return day of the same. Code, s. 874; 1876-7, c. 57.

1452. Attendance of witnesses procured. The justice, on application of either party, shall, by a subpoena or by an order in writing on the process, direct the constable or other officer to summon witnesses to appear and give testimony at the time and place appointed for the trial. Each witness, failing to appear, shall forfeit and pay eight dollars to the party at whose instance he was summoned, and shall be further liable to such party for all damage sustained by nonattendance. The fine herein imposed may be recovered, on motion, before the justice who tried the action, unless the witness on a notice of five days, by affidavit or other proof, show sufficient excuse for his failure to attend.

Code, s. 847.

1453. When subpoenas issue to other counties; costs in advance. Justices of the peace, in all civil cases, may issue subpoenas to counties other than their own; such subpoenas shall be authenticated in the same manner as provided by law for the authentication of process. When so authenticated the sheriff, constable or other officer to whom the same is directed shall execute and return the same as provided for the return of process: Provided, that where witnesses attend in counties other than their own under such subpoena they shall receive the same per diem and mileage as witnesses who attend the superior courts: Provided further, that before issuing such subpoenas the party wanting such witness shall deposit with the justice before whom the cause is pending one day's per diem and the mileage of said witness to and returning from place of trial, which amount shall be paid to said witness on his attendance and taxed against the party cast in the trial.

1893, c. 436.

1454. Subpœna duces tecum in case against railroad. When any action is brought against a railroad company before a justice of the peace, the justice before whom such action is made returnable shall have power to issue a subpoena to any county within the limits of the state, commanding the president or any officer, director, agent, or any one in the employment of such company to appear before him at the time and place of trial and to produce such books, cards and other papers as the justice shall deem proper and to give evidence in said cause; and each witness summoned as aforesaid fail

ing or refusing to appear and testify and produce the books and papers aforesaid in obedience to such writ shall be deemed guilty of a contempt of court and fined not exceeding fifty dollars or imprisoned not exceeding thirty days.

1885, c. 221, s. 2.

1455. Removals. In all proceedings and trials, both criminal and civil, before justices of the peace, the justice before whom the writ or summons is returnable, shall, upon affidavit made by either party to the action that he has good reason to believe he is unable to obtain a fair trial before him, move the same to some other justice residing in the same township, or to the justice of some neighboring township if there be no other justice in said township: Provided, that no cause shall be more than once removed: Provided further, that such motion to remove shall be made before evidence is introduced.

Code, s. 907; 1880, c. 15; 1883, c. 66.

1456. Removals, justice dead or incapacitated. If any justice of the peace shall die or become incapacitated by removal, resignation or other cause, having any action, civil or criminal, pending before him, which shall not have been finally determined, such action shall not abate or be discontinued, but the plaintiff in such civil action, or any one on behalf of the state in such criminal action, may remove such action for further and final determination before any other justice of the peace of the same township in which the original action was pending, or before any justice of the peace of the same county when there is no other in the township, by filing the papers in said action with the justice to whom the same is removed and by giving ten days' notice to the defendant of such removal; and if the plaintiff in any civil action shall fail to give such notice of removal within ten days from the happening of the death, removal, or resignation, or incapacity of such justice, then the defendant in such action may remove the same by giving like notice to the plaintiff; and if no notice is given by either party to such action within twenty days, then such action shall stand discontinued without prejudice. The justice of the peace before whom such action may be removed shall proceed to try and determine the same, but he shall demand no fees or cost which have theretofore been properly advanced by any party to such action. After such removal either party shall be entitled to all the rights given in the preceding section.

1905, c. 121.

VII. RULES OF PROCEDURE.

1457. Rule I. Pleadings. The pleadings in these courts are1. The complaint of the plaintiff.

2. The answer of the defendant.

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