, 1854-05-27


} examined as n witness, at the instance o.
} the adverse party; and for that purpose
may be compelled in the same manner
and subject to the same rules Of examina
ion as any other witness to testify at the
trial, or appear and have his deposition
taken.
Sec. 63. The examination of party
thus taken, may be rcbuttcd hyadvcrse tes
timony.
Sec. GA. Ii party refuse to attend and
testify at the trial or give bis deposition
before trial, when required, his complaint
answer or reply, may be stricken out and
Judgment taken against him.
Sec. 50. A party examined by an ad.
verse party, may be examined on his own
behalf, in respect to any matter pertinent to
the issue. Bat if he testify TO any new
matter not responsive to the inquiries put
to him by the adverse party, or necessary
to qualify or explain his answer thereto, or
to discharge when his answer would charge
himself, such adverse party may offer him
self as witness, and he shall be so re-
cciyed
Sec. &C. Either party in an action de
pending before a justice Of the peace, may
cause the deposition Of a witness therein to
be taken, when such witness resides or is
about TO 60 more than twenty miles from
the place of trial or is so sick, infrm or
aged, as to make it probable that he will
not be able to attend at the trial.
Sec. G7. The notice shall be served and
the deposition taken, certified, and returned
according to the law regulating the taking
of depositions to be read in the district
court
Sec. 68. The justice shall allow every
deposition taken, certified and returned ac-
cording to Law, to be read on the trial of
the cause in which it is taken, in all cases
where the same testimony, if given verbally
before him, could have been received but
no such deposition shall be read on the
trial, unless it appears to the justice that
the witness whose deposition is so offered
LIST. Is dead or resides more than twenty
miles from the place Of trial or
%. Is unable or cannot safely attend be-
fore the justice, on account Of sickness, age
or other bodily inGrmity.
3D.. That he has gone more than twenty
miles from the place Of trial, without the
consent Or collision Of the party Offering
the deposition.
TITLE TO LAND.
See Co. If it appear on the trial Of any
cause before \ justice Of the peace, from
the evidence of either party, that the title
TO lands is in question, which title shall be
disputed by the other party, the justice
shall Immediately make an eutry thereof in
his docket, and cease all further proceedings
in the cause, and shall certify and return to
the district court of the county, a transcript
of all the the entries made in his docket
relating to the case, together with all the
process and other papers relating to the
action, in the same manner and within the
same time as upon an appeal and there
upon the parties shall file their pleadings,
and the district court shall proceed in the
cause TO final judgment and execution, in
the same manner as if the said action had
been originally commenced therein and
the costs shall abide the event Of the suit.
TRIAL BY JURY.
Sec. 10. Before the justice shall com
mence an investigation of the merits Of
the cause, by an examination of the wit
nesses or the hearing of any other testimo-
ny, either Of the parties may demand Of the
justice that the cause be tried by jury
Sec IL. The jury shall consist of six
persons, unless the parties agree upon any
number Of jurors less than six to try the
cause in which case, the jury shall consist
of such number not exceeding six, as the
parties may agree upon.
Sec 70 The justice shall issue We
nire, directed to the sheriff or any constable
Of the county where the cause is to be
tried, commanding him to summon six Tor
such number as the parties may have agreed
upon), good and lawful men Of the county,
qualified to serve as jurors in the district
court Of the same county, who shall be
nowise ofkin to either party, nor interested
in the action to appear before said justice
at time and place 10 be named therein, TO
make jury for the trial of the cause be-
tween the parties therein named.
Sec. 10. The sheriff or constable shall
execute such venire fairly and impartially,
and shall not summon any person whom he
has reason to believe is biased or prejudiced
for or against either Of the parties. He
shall summon the jurors personally, and
shall make list of the persons, which he
shall certify and annex to the venire and
return to the justice. If sufficient number
of competent jurors cannot be obtained
from the pannel returned, the sheriff or
constable shall Immediately summon Others
to serve in their place.
Sec. "A. Either party may challenge
the Jurors, but when there are several par
ties on either side, they shall join in chal-
lenge before it can be made The chal
lenges shall be to individual jurors, and
shall be peremptory, or for cause. Each
party shall be entitled to two peremptory
challenges