, 1854-05-27

Il bond with one or more sufficient suretles,
to be approved by the justice, to the effect
that he will render himself amcnahle to the
process Of the court or that the surcticS
will pay TO the plaintiff the amount Of any
Judgment, which he may recover in the ac-
ton On filing such bond the justice
shall order the defendant to be discharged
from custody.
Sec. 3S. Every justice issuing any pro-
cess authorized by this chapter, upon being
satisfied that such process will not be exc
cuted for want of an officer, to be had in
time to execute the same, may by an en-
dorsement upon the process, empower any
suitable person, not being party TO the
action, to execute the same and the per-
son so empowered shall thereupon possess
all the authority Of constable, in relation
to the execution of such process, and shall
| be subject to the same obligations, and
shall receive the same fees for his services.
See. 80. If any officer, without showing
good cause therefor, fail to execute any
process to him delivered and make due re-
turn thereof, or make false return, such
officer for every such offence, shall pay TO
the party injured ten dollars; and all dam
age such party may have sustained by rea-
son thereof, to be recovered in o civil ac-
ton founded upon this statute.
Sec. 40. No action shall be commenced
by an infant plaintiff, except by his guar
dian, or until a next friend for such infant
shall have been appointed Whenever re-
quested, the Justice shall appoint some suit
able person, who shall consent thereto in
writing, to be named by such plaintiff, to
act as his next friend in such action, and
who shall be responsible for the costs
therein.
Sec. Al. After the service and return
process against an infant defendent, the ac-
ton shall not be further prosecuted, until u
guardian for such infant shall have been ai-
pointed. Upon the request of such defend
ent, the justice shall appoint some person,
who shall consent thereto in writing, to be
guardian Of the defendcnt in defence Of the
action; and if the deiendent shall not ap-
pear on the return day of the process, or
if he neglect or refuse to nominate such
guardian, the justice may, at the request OF
the plaintiff, appoint any discreet person as
such guardian. The consent of the guar
dian or next friend shall be filed with the
justice and such guardian for the defend
ant shall not be liable for any costs in the
notion.
Sec. AZ. The parties shall be entitled
10 one hour in which to make their appear
ance, after the time mentioned in the sum
mons for appearance, but shall not be re-
quircd to remain longer than that time, un-
less both parties appear and the justice,
being present, is actually engaged in the
trial Of another action or proceeding ; in
such case, he may postpone the time Of
appearance, until the close Of such trial.
PLEGDINGs AND ADJouRNNENTs.
Sec. 43. The pleadings in justices court
shall take place upon the appearance of the
parties, unless they shall have previously
filed, or unless the justice shall, for good
cause shown, allow longer time than the
time of appearance.
Sec. "a. The pleadings in justices court
shall be
lst. The complaint Of the plaintiff,
which shall state in a plain and direct man
ner the facts constituting the cause of ac-
ton.
I'd. The answer Of the defendant,
which may contain denial Of the com
plant or any part thereof; and also a
statement, in plain and direct manner, of
any facts constituting a defence
Sd. When the answer sets up set-off
by way of defence, the reply Of the plain
tiff.
Sec. IS. The pleadngs shall be in wri-
ting when the action is for one of the fol-
lowing causes
lst. For the forcclosdst of any mort
gage, or the enforcement Of any lien on per-
sonal property.
upon, or forcible or unlawful detention
Of lands, tenements, or other possessions.
Sd. To recover the occupancy or pos
session Of mining claim. In all other ca
ses the pleadings may be oral or in wri-
ting.
Sec. 46. When the pleadings are oral,
the substance Of them shall be entered by
the justice in bis docket. When in writing,
they shall be filed in his office, and refer
ence made to them in his docket. Plead
ings shall not be required to be in any par
ticular form, but shall be such as to enable
a person of common understanding to know
what is intended
Sec. Al. A statement in an answer or
reply, that the party has not sufficient
knowledge or information, in respect to
particular allegation in the previous plead
ings of the adverse party to form belief,
shall be deemed equivalent to a denial.
B. Sec. 4S. When the cause of action, or
set-olf, arises upon an account or Instrument
for the payment of money only, it shall be
sufficient for the party to deliver the ac-
count or instrument, or q copy thereof, to
the court, and to state that there is due to
him thereon, from the adverse party, a spe-
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