Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1853-07-26
ARTlCLEIlI
BILL or pARrIcuLAp

BILL OF PARTICULARS.
Sec. 81. In all cases before a justice,
the plaintiff, his agent or attorney, shall
file with such Justice bill OF the par.
ticula,s Of his demand, and the defend.
an'. il required by the plaintiff, his asen.
OF attorney, shall flc like bill Of the
particulars he may claim as q seiof, and
the evidence on the trial shalt be con.
fined to the items set forth in said bills.
Sec. IS. The bills Of particulars must
state in a plain and direct manner, the
facts constituting the cause Of action, or
the claim to be set.of.
Sec. SO. The bill Of particulars may
be amended at any time before the trial
or during the trial. or upon appeal 10
supply any deficiency, or omission 10 the
items, when by such amendment, sub.
slantial Justice will he promoted. 1.-THE
amendment be made al the time OF. or
during the trial. and it be made 10 ap.
Peor 10 tho satifactiun OF the Justice by
oath, that an adjournment is necessary
to he adverse party in consequence o
such amendment, an adjournment must
be granted. The Justice may also in
his discretion. require as a condition Of
nm amendment, the payment Of costs to
the adverse party, 10 be fixed by the Jus.
tice; but such paymen. cannot be re-.
quired. unless an adjournment 10 made
necessary by the amendment. ~
ARTICLE w.
CHANCE OF THE PLACE or TRIAL.
Sec. 81. II on the return OF process,
OF at uny time before the trial shall have
commenced, it shall be made satislac.
to'ily TO appear TO the Justice Of the
Pesce before whom any cause is insti.
,u,ei or is pending for trial, by the afi.
davit oi either Of the parties in the case:
l-lhat such Justice is a material
witness Tor either party; or,
2-lf jury be demanded by the all.
verse party, then that he cannot as he
verify believes have lair ana impartial
trial in such township, on account Of
the bias or prejudice Of the ci,izens
thereof.
Sec. SO. lf,be place Of the trial be
changcd on account Of the Justice being
a material witness in the cause, such
cause shall be transferred for trial be.
fore some other Justice Of the Peace Of
oi the same township, if there be Que
there legally competentlo 10 try such cause;
iithere bs no such Justice within such
township, or if such change be granted
Oh account Of the bias or prejudice Of the
citizens Of such township against such
party, or because the adverse party has
an unlue apvanlage over him therein.
the case shall be taken to some justice
in an adjoining township Of the same
county.
Sec. SO. The justice granting such
change, shall deliver or transmit the
papers in the cause. together with Ger.
tifei transcript Of the proceedings be.
fore him.. to the justice to whom such
change may be granted who shall proceed
therein. and have the same jurisdiction,
powers, AMI duties, in all respects what.
ever, as il such suit had b,en Originally
instituted before him.
Sec. so. 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
hc shall have confessed judgment
therefor before the Justice granting the
change.
Sec. 81. When such change is at the
instance Of the plaintiff. he shall be
taxed with all The costs which have &C.
crue,, and which shall accrue in the
cause until such transcript and pspcrs
shall bc delivered TO the Justice to whom
such cause is removed for trial. and when
on the sppl' cation Of the defendant, he
shall te taxed with the-cos,s which have
accrued fot issuing subpoenas for wit.
nesses and service thereof, witness fees.
and costs ofJustice for transferring tho
cause to tho docket Of the o.her Justice.
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