time the summons was issued, judgment shall be given without further evidence, for the sum specified in the summons:

2d. In other cases the justice shall hear the evidence of the plaintiff, and render judgment for such sum only as shall appear by the evidence to be just; but in no case exceeding the amount specified in the summons.

a jury.

SEC. 593. Upon issue joined, if a jury trial be not demanded, the Trial without justice shall hear the evidence, and decide all questions of fact and of law, and render judgment accordingly.

verdict, or

justice.

SEC. 594. Upon a verdict the justice shall immediately render Judgment on judgment accordingly. When the trial is by the justice, judgment decision of 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.

remittitur.

SEC. 595. When the amount found due to either party exceeds the Entering 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. 596. If the defendant, at any time before the trial, offer in Effect of offer. 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, deducted from his recovery. But the offer and failure to accept it shall not be given in evidence to affect the recovery otherwise than as to costs, as above provided.

which defendant

SEC. 597. When a judgment is rendered in a case where the de- Judgment on fendant is subject to arrest and imprisonment thereon, it shall be so subject to stated in the judgment, and entered in the docket.

imprisonment.

include costs.

SEC. 598. When the prevailing party is entitled to costs by this Judgment to chapter, the justice shall add their amount to the verdict; or in case of a 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.

judgment may

county clerk.

SEC. 599. The justice, on demand of the party in whose favor judg- Transcript of ment is rendered, shall give him a transcript thereof, which may be be filed with filed and docketed in the office of the clerk of the county where the judgment was rendered. The time of the receipt of the transcript by the county clerk shall be noted by him thereon, and entered in the docket; and from that time executions may be issued by the county clerk, on such judgments, to the sheriff of any other county of the

Execution within five years.

Form of execution.

How executed.

state, in the same manner as upon judgments recovered in the higher courts. All process upon judgments recovered in justice's courts, to be executed within the same county, shall be issued by the justice, or his successors in office.

SEC. 600. Execution for the enforcement of a 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 judgment.

SEC. 601. The execution, when issued by a justice, shall be direc ted 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, and the township, or city, where, and the time when, it was rendered; the amount of judgment, if it be for money; and if less than the whole is due, the true amount due thereon. It shall contain, in like cases, similar directions to the sheriff or constable as are required by the provisions of Title VII. of this act, in an execution to the sheriff.

SEC. 602. 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 VII. 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 powers of sheriff.

Provisions

applicable to

CHAPTER V.

GENERAL PROVISIONS.

SECTION 603. The provisions of this act which are referred to in justices' courts. this title, and those also in respect to which no special provision is made in this title, shall be applicable to justices' courts, and the proceedings therein. (1)

Justice's docket.

SEC. 604. Every justice shall keep a book denominated " A Docket," in which he shall enter:

1st. The title of every action or proceeding:

2d. The object of the action or proceeding, and if a sum of money

be claimed, the amount of the demand:

3d. The date of the summons, and the time of its return; and if an order to arrest the defendant be made, or a writ of attachment be issued, a statement of these facts:

(1) Amendment inserted from Stat., 1853. p. 280.

4th. The time when the parties or either of them appear, or their non-appearance, if default be made; a minute of the pleadings; if in writing, referring to them; if not in writing, a concise statement of the material parts of the pleading:

5th. Every adjournment, stating on whose application, whether on oath, evidence, or consent, and to what time:

6th. The demand for a trial by jury, when the same is made, and by whom made; the order for the jury, and the time appointed for the trial and return of the jury:

7th. The names of the jury who appear and are sworn; the names of all witnesses sworn, and at whose request:

8th. The verdict of the jury, and when received; if the jury disagree, and are discharged, the fact of such disagreement and discharge:

9th. The judgment of the court, specifying the costs included, and the time when rendered:

10th. The issuing of execution, when issued, and to whom; the renewals thereof, if any, and when made; and a statement of any money paid to the justice, and when, and by whom :

11th. The receipt of a notice of appeal, if any be given.

to be evidence.

SEC. 605. The several particulars of the last section specified shall Entries in docket be entered under the title of the action to which they relate, and at the time when they occur. Such entries in a justice's docket, or a transerint thereof certified by the justice or his successor in office,

shall be primary evidence to prove the facts so stated therein.

SEC. 606. A justice shall keep an alphabetical index to his docket, Index to docket. in which shall be entered the names of the parties to each judgment, with a reference to the page of entry. The names of the plaintiffs

shall be entered in the index, in the alphabetical order of the first letter of the family names.

dockets to his

office.

SEC. 607. It shall be the duty of every justice, upon the expiration Justice to deliver of his term of office, to deposit with his successor his official dockets, successor in as well his own as those of his predecessors, which may be in his custody, to be kept as public records. If the office of a justice become vacant by his death, or removal from the township or city, or otherwise, before his successor is elected and qualified, the dockets in possession of such justice shall be deposited with the county clerk of the county, to be by him delivered to the successor in office of the justice.

justice out of

SEC. 608. Any justice with whom the docket of his predecessor is Execution after deposited, may issue execution on a judgment there entered and un-office. satisfied, in the same manner and with the same effect as the justice by whom the judgment was entered might have done.

Who deemed the successor of a justice.

The like.

Summons, etc.,

not to be issued with blanks.

Disabilities of justice.

Justice may specially appoint

process, etc.

SEC. 609. The justice elected to fill a vacancy shall be deemed the successor of the justice whose office became vacant before the expiration of a full term. When a full term expires, the same or another person elected to take office in the same township, or city, from that time shall be deemed the successor.

SEC. 610. When two or more justices are equally entitled under the last section to be deemed the successors in office of the justice, the county judge shall, by a certificate, subscribed by him and filed in the office of the county clerk, designate which justice shall be the successor of a justice going out of office, or whose office has become

vacant.

SEC. 611. The summons, execution, and made every other paper or issued by a justice, except a subpoena, shall be filed without a blank left to be filled by another, otherwise it shall be void.

SEC. 612. In case of the sickness, other disability, or necessary absence of a justice on a return of a summons, or at the time appointed for a trial, another justice of the same township or city may, at his request, attend in his behalf, and shall thereupon become vested with the power, for the time being, of the justice before whom the summons was returnable. In that case the proper entry of the proceedings before the attending justice, subscribed by him, shall be made in the docket of the justice before whom the summons was returnable. If the case be adjourned, the justice before whom the sum mons was returnable, may resume jurisdiction.

SEC. 613. A justice may, at the request of a party, and on being a person to serve satisfied that it is expedient, specially depute any discreet of person suitable age, and not interested in the action, to serve a summons or execution with or without an order to arrest the defendant, or with or without a writ of attachment. Such deputation shall be in writing on the process.

Authority of person so appointed.

Constable may

complete execution of process after term of office expires.

Power to punish for contempt.

SEC. 614. The person so deputed shall have the authority of a constable in relation to the service, execution, and return of such process, and shall be subject to the same obligations.

SEC. 615. A constable, notwithstanding the expiration of his term of office, may proceed and complete the execution of all final process which he has begun to execute, in the same manner as if he still continued in office, and his sureties shall be liable to the same extent.

SEC. 616. A justice may punish as for contempt, persons guilty of the following acts, and no other:

1st. Disorderly, contemptuous, or insolent behavior towards the justice while holding the court, tending to interrupt the due course of a trial, or other judicial proceeding:

2d. A breach of the peace, boisterous conduct, or violent disturbance in the presence of the justice, or in the immediate vicinity of the court held by him, tending to interrupt the due course of trial, or other judicial proceeding:

3d. Disobedience or resistance to the execution of a lawful order, or process, made or issued by him :

4th. Disobedience to a subpoena duly served, or refusing to be sworn, or answer as a witness:

5th. Rescuing any person or property in the custody of any offi

cer by virtue of an order or process of the court held by him.

SEC. 617. When a contempt is committed in the immediate view Contempts, how and presence of the justice, it may be punished summarily, for which punished. an order shall be made reciting the facts, as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed. When the contempt is not committed in the immediate view and presence of the justice, a warrant of arrest may be issued by such justice, on which the person so guilty may be arrested and brought before the justice immediately, when an opportunity to be heard in his defence or excuse shall be given. The justice may thereupon discharge him, or may convict him of the offence. A justice may punish for contempts, by fine or imprisonment, or both; such fine not to exceed in any case one hundred dollars, and such imprisonment one day.

be entered.

SEC. 618. The conviction specifying particularly the offence and Conviction to the judgment thereon, shall be entered by the justice in his docket.

subpoenas.

SEC. 619. Justices of the peace may issue subpoenas in any action Power to issue or proceeding in the courts held by them, and final process on any judgment recovered therein, to any part of the county.

take testimony.

SEC. 620. Justices of the peace may issue commissions to take the Commissions to depositions of witnesses out of this state, and settle interrogatories to be annexed thereto, and direct the manner in which the commissions shall be returned. The provisions of Title XI. of this act, so far as the same are consistent with the jurisdiction and powers of justices' courts, shall be applicable to justices' courts, and to actions and proceedings therein.

"mining claims."

SEC. 621. In actions respecting "mining claims," proof shall be Proof respecting admitted of the customs, usages, or regulations established and in force at the bar, or diggings, embracing such claim; and such customs, usages, or regulations, when not in conflict with the constitution and laws of this state, shall govern the decision of the action.

SEC. 622. A new trial may be granted by the justice, on motion, New trial.