§ 1111. No adjournment can be granted after the return of the jury, unless the party requiring the same, in addition to the other conditions imposed on him, deposit with the justice, to be immediately paid to the jurors attending, the sum of twenty-five cents each, which amount is in no case to be included as part of the costs in the judgment. After the adjournment the jurors must attend at the time and place appointed, without further notice, and the fees deposited when the jury was demanded, with the justice, may remain in his hands until the jury are impanelled, and must be then paid over to them.

§ 1112. If either party object to the competency of a juror the question thereon must be tried in a summary manner by the justice, who may examine the juror or

other witnesses on oath.

§ 1113. The verdict of the jury must be general, for the plaintiff, for a specified sum, or for the defendant; or when there is a counter-claim proved, exceeding the demand of the plaintiff as proved, for the defendant for a specified sum. But where there are several plaintifs or defendants, the verdict may be for, or against ore or more, of them.

ARTICLE III.

JUDGMENT AND EXECUTION.

SECTION 1114.

When action may be dismissed.

1115. When defendant fails to appear, judgment to be given.

1116. When jury not demanded trial must be by justice.

1117. When judgment must be given.

1118. Party may remit excess over jurisdiction.

1119. No costs allowed plaintiff in certain cases.

1120. Offer of defendant to allow a certain recovery, and its effects.

1121. Judgment, when defendant is subject to arrest.

1122. Transcript of judgment filed and docketed.

1023. Execution allowed within five years.

1124. Contents of execution.

1125. Execution against joint debtors.

1126. When a constable may omit to arrest.

1127. When constable may arrest.

1128. Extent of imprisonment.

1129. When and how discharged.

1130. Execution may be renewed.

1131. Execution cannot be executed after sixty days.

1132. Constable's liability.

1133. Execution by county clerk on judgment docketed.

§ 1114. Judgment that the action be dismissed, without prejudice to a new action, may be entered with costs, in the following cases:

1. When the plaintiff voluntarily dismisses the action, before it is finally submitted:

2. When he fails to appear at the time specified in the summons, or upon adjournment, or within one hour thereafter:

3. When it is objected at the trial, and appears by the evidence, that the action is brought in the wrong county or town or by a plaintiff not a resident of the county, without giving security, as provided in section 1082; but if the objection be taken and overruled, it is

cause only of reversal on appeal, and does not otherwise invalidate the judgment, if not taken, at the trial, it is waived, and is no cause of reversal.

By this section, the cases are defined where the action may be dismissed. The plaintiff cannot be non-suited nor can the action be dismissed without his own consent. If he insist on having his case decided finally in the action, it is his right to If he finds his proof defective, or for any other cause chooses to dismiss his own action before it is finally submitted, he reserves his right of action; but if he submits it to either court or jury, it is at his peril, and conclusive.

§ 1115. When the defendant fails to appear and answer, judgment must be given for the plaintiff, as follows:

1. Where a copy of the complaint and account, or instrument, has been served personally with the summons, as prescribed in section 1069, judgment must be given without further evidence for the sum specified in the summons:

2. In other cases the justice must 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 to exceed the amount specified in the summons.

§ 1116. Upon issue joined, if a jury trial be not demanded, the justice must hear the evidence, and decide all questions of fact and of law, and render judgment accordingly.

§ 1117. Upon a verdict, the justice must immediately render judgment accordingly. When the trial is by

the justice, judgment must be entered immediately after the close of the trial, if the defendant has been arrested, or his property attached; in other cases, it must be entered either at the close of the trial, or, if the justice then desire further time to consider, on the fourth day thereafter, both days inclusive.

§ 1118. When the amount found due to either party exceeds the sum, for which the justice is authorized to enter judgment, such party may remit the excess, and judgment may be entered for the residue.

§ 1119. In an action arising on contract, when there is no counter-claim, if the plaintiff fail to recover judgment for an amount equal to that stated in his summons, he cannot recover costs.

This section is introduced to prevent plaintiffs from setting up claims for a larger amount than is really due where a cause of action exists. It sometimes happens that a plaintiff (wishing to try a doubtful claim at the expense of his adversary,) buys a small note, commences an action, and litigates his other claim, in the consciousness that the costs must at all events fall upon the defendant. This section also affords security to a defendant who is sued for a debt which he is not disposed to controvert. He is enabled to know, from the copy of summons in his possession, the extent of the judgment that can be taken against him. Instances of fraud upon a defendant have occurred under the pres nt system, where the summons in all cases lays the plaintiff's damage at fifty dollars or under, as expressed in the printed blank forms. When the defendant failed to appear, the plaintiff, instead of declaring on the debt, which the defendant expected, has taken advantage of his absence, and produced perhaps some purchased note, barred by the statute of limitations, or to which the defendant had some other good defence.

§ 1120. If the defendant, at any time before the trial, offer in 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 cannot recover costs accrued after the offer; but costs must be adjudged against him, and if he recover, deducted from his recovery. But the offer, and failure to accept it, cannot be given in evidence, to affect the recovery, otherwise than as to cos's, as above provided.

This section introduces a practice analagous to that under the Code in the supreme court, and is calculated to prevent unreasonable claims being set up, and to induce fair offers and liberal compromises. Of its useful effects the Commissioners. entertain no doubt.

§ 1121. When a judgment is rendered, in a case where the defendant is subject to arrest and imprisonment thereon, it must be so stated in the judgment, and entered in his docket.

§ 1122. The justice, on the demand of a party in whose favor judgment is rendered, must give him a transcript thereof, which may be 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, must be noted by him thereon, and entered in the docket; and from that time, the judgment creates a lien in the same manner, as a judg