Слике страница

When place of trial changeu.

Justice being a witness, or prejutaken to another to wnship.

at the time of or during the trial, and it be made to appear, to the satisfaction of the justice, by oath, that an adjournment is necessary to the adverse party, in consequence of such amendment, an ailjournment must be granted. The justice may, also, in bis discretion, require, as a condition of an amendment, the payment of costs to the adverse party, to be fixed by the justice, but such payment cannot be required, unless an adjournment is made necessary by the amendment.

Sec. 56. If, on the return of process, or at any time before trial shall have been commenced, it shall be made satisfactorily to appear to the justice of the peace before whom any cause is instituted, or is pending for trial, by the affidavit of either of the parties in the case: First, That such justice is a material witness for either party: or, Second, If a jury be demanded by the adverse party, then that he cannot, as he verily believes, have a fair and impartial trial in such township, on account of the bias or prejudice of the citizens thereof, the trial of the case shall e changed to some other justice of the peace, as provided in the next section,

SEJ. 57. If the place of tlie trial be changel, on account of dikel cas enorme be the justice being a material witress in the cause, such cause shall

be transferred, for trial, before some other justice of the peace of the same township, if there be one there legally competent to try such cause; if there be no such justice within such township, or if such change be granted on account of the bias or prejudice of the citizens of such township against such party, or because the adverse party has an undue advantage over him therein, the case shall be taken to some justice in an adjoining township of the same county.

Sec. 58. The justice, granting such change, shall deliver or deliver the papers transmit the papers in the cause, together with a certified tran

script of the proceedings before him, to the justice to whom such change may be granted, who shall proceed therein and have the same jurisdiction, powers and duties, in all respects whatever, as if such suit had been originally instituted before liim.

Sec. 59. Before any such change shall be allowed, the costs, as specified in the next following section, shall be paid by the party applying for such change, or he shall have confessed a judgment therefor, before the justice granting the change.

Seo. 6). When such change is at the instance of the plaintiff, he shall be taxed with all the costs which have accrued, and which shall accrue in the cause until such transcript and papers

Justice granting such chango shall


Costs--how paid.

When plaintiff shall pay costs.

journing trial.

[ocr errors]

application of


shall be delivered to the justice to whom such cause is remorcil fi r trial, and when, on the application of the defendant, he shall be taxed with the costs which have accrued for issuing subpoenas for witnesses, and service thereof, witness' fees, and costs of the justice for transferring the cause to the docket of the other justice.

Sec. 01. Upon the return day, if a jury be required, or if the Canses for ad. justice be actually engaged in other official business, he may adjourn the trial without the consent of either party, as follows: F rst, Where a party is in attendance, who is not a resident of tì e county, or where the defendant is in attendance, under arrest, the adjournment not to exceed forty-eight hours ; and the defendal.t, if under arrest, to continue in custody: Second, In other C: ses, not to exceed eight days, unless by consent of parties. If the trial be not adjournel, it must take place iminediately upon the return of the summons.

Sec. 62. The trial may be adjourned, upon the application of May adjourn on ci her party, without the consent of the other, for a period not either party for e: ceeding thirty days, as follows: The party, asking the adjournment, must, if required by his adversary, prove, by his oath or otherwise, that he cannot, for want of material testimony, which he has been unable to procure, safely proceed to trial.

Sec. 63. An adjournment may be had, either at the return day when and how or any subsequent time to which the cause may stand adjourned, 01 the application of either party, for a period longer than thirty di vs, but not to exceeil ninety days from the time of the return of the summons, upon compliance with the provisions of the precoding section, and upon proof, by the oath of the party or ot ierwise, to the satisfaction of the justice, that such party cann be ready for trial before the time to which he desires an adjo'rnment, for the want of material evidence, describing it, that tl delay has not been made necessary by any act or negligence o his part, since the action was commenced, and that he expects to procure the cvidence at the time stated by him.

-Ec. Ct. Any justice may issue subpoenas to compel the at- Justice may com. te lance of witnesses to give evidence on any trial pending be- Witacases. fu himseif, or for the purpose of taking depositions, or to perpc date testimony.

EC. 65. Subpoenas may be served by a constable or any other pe on, and shall be served by reading the same or stating the server. ccents thereof to the witness, or by leaving a copy thereof at bi

sual place of residence.

Jons adjonrnment

be Lad.

[ocr errors]
[ocr errors]
[ocr errors]

Suhrane, how and by whom

No fees charged, when.

Witnesses not examined, bow paid,

Justico may issue warrant to arrest witnesy.

Penalty for refusing to testify.

Sec. 66. When not served by a constable, or some person deputed for that purpose by a justice, no fees shall be charged in the suit for serving it.

SEC. 67. If any witness, having been subpoenaed, attend and be not examined by either party, the costs of such witness shall be paid by the party ordering the subpoena, unless the adverse party by confessing the matter or otherwise, render unnecessary the examination of such witness.

Sec. 68. Whenever it shall appear, to the satisfaction of a justice, by proof made before him, that any person has been duly served with a subpæna to appear and give testimony before him in any matter in which he has authority to require such witness to appear and testify, that his testimony is material, and that he refuses or neglects to attend as such witness in conformity with such subpoena, the justice shall issue a warrant to arrest the delinquent, for the purpose of compelling his attendance and punishing his disobe lience.

SEC. 69. When the person arrested is brought before the justice, or when a person in attendance resuses to testify as a witness, and 10 valid excuse.be shown, the justico may impose a fine on him not execeiling five dollars. An entry of such fine, stating the reason therefor, must be made by the justice in his docket, and thereupon shall have the effect of a judgment in favor of the Territory of Kansas against the delinquent, and may be enforced against his person or property.

Sro. 70. Erery person, subpænaed as aforesaid and neglecting to appear or refusing to testify, shall, also, be liable to the party, in whose behalf he shall have been subpænaed, for all damages which such party shall sustain by reason of such delinquency.

Sec. 71. Depositions may be taken to be read in any cause pending before a justico of the peace, in like manner and subject to the same rules and restrictions and rules of law, as in cases

pending in courts of record. If no jury do Sec. 72. At the time appointed for trial, if no jury shall

have been demanded by either party, the justice shall proceed to try the action; shall hear the proofs and determine the cause, according to law and the right.

Sec. 73. Where parties agree to enter, without process, before without process. 2 justice, an action of which such justice has cognizance, such

justice shall enter the same on his docket and proceed to trial, judgment and execution, in all respects in the same manner as if summons had been issued, served and returned.

Witnega responsi. ble for damages, whcn.



Where partleg agree to enter



Seo. 74. In all civil actions, after an appearance of the de- Number and goalfendant, and before the court shall proceed to inquire into the rors. merits of the cause, either party may demand a jury to try the action, which jury shall be composed of six good and lawful men, having the qualifications of electors, unless the party shall agree on a less number.

Sec. 75. When a jury is demanded, the trial of the case must When sory to dabe adjourned until a time fixed for the return of the jury ; if trial how fixed. neither party desire an adjournment, the time must be determined by the justice, and must be on the same day or within the next two days. The jury must be immediately selected as herein provided.

Sec. 76. The justice shall write in a panel the names of Jaror, low aclecteighteen persons, citizens of the county, from which the defendant, his agent or attorney, must strike ono name, the plaintiff, his agent or attorney, one, and so alternately, until each shall hare stricken six names, and the remaining six shall constitute the jury to try such case, and, if either party neglect or refuse to aid in striking the jury as aforesaid, the justice shall strike the same in behalf of such party.

Seo. 77. The justice thereupon shall issue a summons for the form of surozons jury, in which the following form shall be observed, in substance, as near as practicable : “The Territory of Kansas,

constable of township: You are hereby commanded to summon to appear before me at in said township, on the

A. D. o'clock in the -noon, to serve as a juror in a case pending before me, then and there to be tried, and this they shall in no wise omit; and have you then there this writ, with your doings thereon. Given under my hand this

day of A. D. A. B., justice of the peace.”

Suc. 78. The constable shall serve such summons by a personal By whom terved. service thereof, and return the same, indorsed with the names of the persons summoned, at the time appointed for the trial of the


county. To

day of




Sec. 79. Jurors, for neglecting or refusing to attend when Penalty for juros properly summoned, or refusing to serve when in attendance, tend. shall be liable to the like penalty and be proceeded against in the same manner as witnesses who fail to attend or refuse to testify.

Sec. 80. The constable shall be in attendance on the court at Duty of constable. and during the progress of the trial, and if, from challenge or other cause, the panel shall not be full, he may fill the same in

, the same manner as is done by the sheriff in the district court.

[blocks in formation]

Sev. 81. When a jury shall be in attendance and the cause shall be continued, the jurors must attend at the time and place appointed for the trial without further notice.

SEO. 82. If either party object to the competency of a juror, the question thereon must be tried in a summary manner by the justice, who may examine the juror or other witness under oath.

Seo. 83. The justice shall administer an oath or affirmation to the jury, well and truly to try the matter in difference between the parties, and a true verdict give according to the evidence.

Sw. 81. After the jury shall have been sworn, they shall sit together and hear proofs and allegations of the parties, and, after hearing the same, shall be kept together in some convenient place, under the charge of a constable, until they have agreed upon their verdict or shall be discharged by the justice.

Src. 85. When the jurors shall have agreed upon their verdict, they shall deliver it to the justice publicly, who shall enter it upon his docket.

Suc. 86. Whenever the justice shall be satisfied that a jury, sworn in any cause before him, cannot agree in their verdict, after having consulted upon it a reasonable time, he may discharge them and continue the cause, and may, if required by either party, proceed to strike another jury as bereibenfore provided. The cause shall be continued to such time as the justice thinks reasonable, unless the parties or their attorneys agree on a longer or shorter time, or unless they may agree that the justice may render judgment on the evidence already heard before him.

Sec. 87. It shall be lawful for the justice, before whom a cause has been tried, on motion, and being satisfied that the verdict was obtained by fraud, partiality or undue means, at any time within four days after the entering of judgment, to grant a new trial, and he shall set a time for the new trial, of which the opposite party shall have at least three days' notice.

Sec. 88. The opposite party shall, also, have a reasonable notice of such motion for a new trial, if the same is not made on the day of the former trial and in the presence of such party ; such notices to be given by the applying party. If the new trial shall be granted or the jury be unable to agree, the proceedings shall be in all respects as upon the return of the summons.

Sec. 89. If either the plaintiff or defendant, in their bill of particulars, claim more than twenty dollars, the case may be appealed to the district court; but, if neither party demand a greater sum than twenty dollars, and the case is tried by jury, there shall be no appeal.

Verdict, if obtained by fraud, ào., new trial may be granted.

Oppogite party shall be notified of new trial.

May aspeal to district court,

« ПретходнаНастави »