Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-07-07
ARTICLE III.
BU of lParticuldrs.


Sec. "a. In all eases before justice,
the plaintiff, his agent or attorney, shall
file with such Justice bill of the partic-
ulars of his demand, and the defendant,
if required by the plaintiff, his agent or
attorney, shall file like bill of the par
ticulars he may claim as a set-off, and
the evidence on the trial shall be con-
fined to the items set forth in said bills.
Sec. So. The bills of particulars must
state in plain and direct manner, the
facts constituting the cause Of action, or
the claim to be set-off.
Sec. Sc. The bill of particulars may
be amended al any time hafara the trial
or during the trial, or upon appeal to
supply any deficiency, or omission in the
items, when by such amendment, sub
stantial Justice will be promoted. If
the amendment be made at the time of,
or during the trial, and it be made to ap-
pear to the satisfaction of the Justice by
oath, that an adjournment is necessary
to the adverse party in consequence Of
such amendment, an adjournment must
be granted, The Justice may also in
his discretion, require as condition, of
an amendment, the payment. Of costs to
the adverse party, to be fixed by the
Justice; but such payment cannot ber
quired, unless an adjournment is made
necessary by the amendment, 4, sqo5s
ARTICLE ~. - miduo
Change of he place Of trial. z.as
Sec. 81, If on the return of process,
or at any time before trial shall have
commenced, it shall be made safisfacto-
rily to appear to the Justice Of the Peace
before whom any cause is institutedor
is pending for trial, by the afidaxitof
either of the parties in the ease.s5si
I-That such Justice is material
witness for either partyj or, q gllisHi7r
2=If jury be demanded blythe adj
verse party, then that he cannot as he
verify believes have a fair andimpartial
trial in such township on aceountOftbe
bias or prejudice Of the citizens thereof.
Sec. SO. If the place of the trial be
changed on account of the Justice being
material witness in the cause, such
cause shall be transferred for trial before
some other Justice Of the Peace Of the
same township, il there be .one.there le-
gally 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
tiie citizens of such township against
such party, or because the adverse par
ty has an undue advantage over him
therein, the case shall be taken to some
justice in an adjoining township Of the
same county. iit -
Sec. SO. The Justice granting such
change, shall deliver or transmit the pa
pers in the cause, together with certi-
fed transcript Of the proceedings before
him, to the justice towhom such change
may be granted. who proceed therein,
and have the same jurisdiction, powers,
and duties, in all respects whatever, asif
such suit had been originally instituted
before him. sqa b 81 - -sse
Sec so. Before anysuch change shall
be allowed, the costs as specified N the
next following section, shall be paid by
he party applying for such change, or
ae shall have confessed q Judgment
therefor before the Justice grantingthe
,hange. er sls q sesF'ssa
! Sec. 61.. When such change is at the
Instance of the plaintiff. he shall be tax
d with all the costs which have accFusd,
md which shall accrue in the cause nm.