justice, shall be summoned by a venire issued by such justice. (Sec. 35 of R. S.)

SECT. 52. If any juror, so summoned, shall neglect or refuse to appear, in obedience to such venire, and shall not, within fortyeight hours, render to the justice, who issued the venire, a sufficient reason for his delinquency, he shall forfeit and pay a fine of two dollars to the treasury of the town where the cause is tried, to be assessed by such justice, and collected on his warrant, without other process. (Sec. 36 of R. S.)

SECT. 53. A jury empannelled, agreeably to the provisions of this chapter, is empowered to audit and adjust all accounts and demands committed to them by the justice, and return a verdict for the balance. (Sec. 37 of R. S.)

SECT. 54. If the justice, presiding at a jury trial, shall judge that the jury have mistaken the law, or the evidence material to the issue, he may return them to a second and third consideration of the cause, and if the jury insist on their verdict, he shall receive it. (Sec. 38 of R. S.)

SECT. 55. When any person shall be brought before any magistrate, charged with either of the offences mentioned in sections twenty-one, twenty-two, twenty-three, twenty-four and twenty-five of chapter ninety-five, (§ 26, 27, 28, 31 and 33 of chap. 104 of this compilation) and in sections one and ten, of chapter ninety-eight, (§ 1 and 10 of chap. 107 of this compilation) and in sections five and seven, of chapter eighty-two, of the Revised Statutes, (§ 5 and 7 of chap. 86 of this compilation) such magistrate, in case he shall decide not to bind over the respondent for trial at the county court, but to take jurisdiction of, and try the respondent for the offences mentioned in said actions, shall, on the request of such respondent, cause a jury to be immediately summoned to try such person, at the expense of the treasury, to which the fine is payable, in case a recovery is had in favor of such respondent. (No. 29 of 1848.)

SECT. 56. The constable of the town, in which a justice court is held, shall be the proper officer of such court, and, in his absence, the justice holding the court may appoint any other suitable person, who shall receive the same fees for his services as a proper officer. (Sec. 39 of R. S.)

ABSENT DEFENDANT AND WRIT OF REVIEW.

SECT. 57. Whenever it shall appear to the satisfaction of the justice, before whom a cause is pending, that the defendant was out of the state at the time of the commencement of the suit, and has not returned in season to attend the trial, such justice shall continue the cause for a term not exceeding one month. (Sec. 25 of R. S.)

SECT. 58. Such cause may be further continued in the discretion of the justice, unless the plaintiff satisfy the justice that the defendant had sufficient notice of the suit, to enable such defendant to appear. (Sec. 26 of R. S.)

SECT. 59. When judgment shall be rendered against any person by default and without notice, execution shall not issue, until the plaintiff or some one in his behalf, shall enter into a recog

nizance, with one or more sureties, in double the amount of such judgment, to refund such sum, not exceeding the amount of debt or damages in such judgment, as may be recovered by writ of review. (Sec. 27 of R. S.)

SECT. 60. The writ of review, mentioned in the preceding section, may be commenced before the same justice, who rendered judgment in the original suit, if he be in office, in the same county, or, if not in office in the same county, before any other justice, within three years next after the rendition of said judgment, and served in the same manner as other justice writs. (Sec. 28 of R. S.) SECT. 61. On the trial of the writ of review, the original judgment shall be vacated, if the same is, in no part, satisfied; if it has been fully satisfied, the same shall be affirmed. (Sec. 29 of R. S.) SECT. 62. If such judgment has been in part satisfied, the same shall be affirmed for so much as is satisfied and reversed for the balance. (Sec. 30 of R. S.)

SECT. 63. The justice shall then proceed to try and determine the original action in the same manner as if there had been no judgment rendered, and if the original plaintiff has recovered and collected on the judgment more than was due, judgment shall be rendered for the defendant to recover such sum with interest, his reasonable damages and cost, otherwise such judgment shall be rendered as the nature of the case may require. (Sec. 31 of R. S.) SECT. 64. Either party to the suit revived by writ of review may have an appeal, as in other cases. (Sec. 32 of R. S.)

RULE OF REFERENCE.

SECT. 65. Any justice, on application of any persons or parties having controversies between them, in which the title of land is not concerned, may issue his rule of reference to such person or persons, as the parties may mutually choose, as referees, empowering them to notify the parties and determine the matters submitted by such rule. (Sec. 58 of R. S.)

SECT. 66. When the amount of the matters so submitted does not exceed forty dollars, the referees shall report their decision in writing to the justice who issued the rule, but when such amount exceeds forty dollars, such report shall be made to the county court, and the referees shall conform to the rule, as to the time, place and manner of making their report. (Sec. 59 of R. S.)

SECT. 67. The report of such referees, when made pursuant to such rule, and returned to such court or justice, shall be final and conclusive between the parties in the matter submitted, and judgment may be rendered by such court or justice, and execution issued thereon, including costs, for the party recovering. (Sec. 60 of R. S.)

ISSUING OF EXECUTION.

SECT. 68. When the amount of a judgment rendered by a justice shall not exceed fifty-three dollars, exclusive of costs, he shall

have power to issue execution thereon, returnable in sixty days; but when the judgment, exclusive of costs, shall exceed fifty-three dollars, the execution shall be made returnable in one hundred and twenty days. (Sec. 44 of R. S.)

SECT. 69. When the term of office of any justice shall expire, while a judgment rendered by him remains unsatisfied, he may, at any time, within a year and a day after the expiration of his term of office, issue execution thereon, in the same manner as if he remained in office. (Sec. 52 of R. S.)

APPEALS.

SECT. 70. An appeal from the judgment of a justice, to the next stated term of the county court in the county where the judgment is rendered, may be taken by either party, if claimed within two hours after the rendition thereof. (Sec. 45 of R. S.)

SECT. 71. In criminal cases, the party appealing shall, at the time of the appeal, give security, by way of recognizance, to the treasurer of the town where the offence is charged to have been committed, if the prosecution be on complaint of an informing officer, if otherwise, to the prosecutor, conditioned that the appellant shall personally appear before said county court, and there prosecute his appeal to effect, and abide the order of court thereon. (Sec. 46 of R. S.)

SECT. 72. In civil causes, the party appealing shall, at the time of the appeal, give security by way of recognizance, to the adverse party, that the appellant shall prosecute his appeal to effect, and answer and pay all intervening damages occasioned by delay to the appellee, with additional cost, if judgment be affirmed. (Sec. 47 of R. S.)

SECT. 73. The appellant shall produce and enter in the court, to which the appeal is taken, attested copies of the original writ, process, record of judgment, and all evidence filed in the court from which the appeal was allowed. (Sec. 48 of R. S.)

SECT. 74. Any party, having appealed from the judgment of a justice to the county court, may, at any time,-not less than twelve days before the session of such court,-tender and pay to the creditor in such judgment, or his agent or attorney, or leave with the justice who rendered the judgment, the amount of such judgment, with twelve per cent. interest thereon from the time of the rendition of such judgment to the time of such tender; or may tender to such justice a confession in favor of the appellee for the amount of the original judgment, with interest at the rate and for the time aforesaid, and justice fees for such confession; which confession said justice is required to receive, and issue execution thereon; and, in either case, there shall be no affirmation of the original judgment in the county court. (Sec. 49 of R. S.)

SECT. 75. The confession provided in the preceding section shall have the same effect as an affirmation of judgment to preserve all liens and securities, which the plaintiff, in the action appealed, might have, for the collection of his debt, or the liability of the offi

cer serving the original process, or the liability of bail, receipters of property, or other persons. (Sec. 50 of R. S.)

SECT. 76. No appeal shall be allowed in either of the following

cases:

First. Where judgment was rendered by nonsuit or default. Second. In actions on notes and accounts stated, of an amount not exceeding twenty dollars.

Third. In actions where neither the ad damnum in the plaintiff's writ, nor the sum demanded by the declaration, nor the specifications or exhibits of the plaintiff on trial, shall exceed ten dollars, excepting actions for fine or penalty, actions of trespass on the freehold, and actions where the defendant pleads, in offset, any bona fide demand or demands exceeding the sum of ten dollars, and actions where the defendant, bona fide, pleads the authority of any court, civil or military, in excuse or justification; or where the defendant shall, bona fide, plead in excuse or justification that he was acting as a public officer, under, or by virtue of, any tax bill or military warrant.

Fourth. In criminal prosecutions, where the respondent is acquitted. (Sec. 51 of R. S.)

REMOVAL OR DEATH OF JUSTICE.

SECT. 77. When any justice shall move out of the county, for which he was appointed, he shall deliver to the county clerk of such county all his files and records, as a justice, within two months after such removal, and, thereafter, shall, for every month's neglect, forfeit and pay, to the treasurer of the same county, fifteen dollars, to be recovered with costs of prosecution. (Sec. 53 of R. S.)

SECT. 78. When any justice shall die, his executor or administrator shall cause his files and records, as a justice, to be delivered to the county clerk, within two months from the decease of such justice, under the same penalty provided in the preceding section. (Sec. 54 of R. S.)

SECT. 79. Copies of all records and files of any justice deposited with the county clerk, by virtue of this chapter, shall be as valid, when certified by said clerk, as if the same had been made and certified by such justice while in office. (Sec. 55 of R. S.)

SECT. 80. When any justice shall die or remove out of the county for which he was appointed, while a judgment by him rendered remains unsatisfied, the county clerk of the same county, on receiving the files in such case and the record of the judgment,-if such record were made,—may issue execution in the same manner as the justice might do, if in office. (Sec. 56 of R. S.)

SECT. 81. Whenever any suit shall be pending before a justice, who shall die or remove without the state, before the day of trial of said action, any other justice within the same county, who may lawfully judge between the parties, may, upon proof of the decease of such justice, or his removal without the state, take cognizance of such suit, and proceed to hear, try and determine the same, and render judgment thereon, in the same manner as if he had signed the writ originally; and such judgment shall be as effectual to bind

the parties, preserve all liens, and charge bail, as if the same had been rendered by the justice who signed the writ. (Sec. 1 of No. 54 of 1850.) SECT. 82. Such justice shall make a record upon such writ of the fact of the decease of such justice, or of his removal without the state, as the case may be, which shall be conclusive proof thereof; and that by reason thereof he will take cognizance of such suit. (Sec. 2 of No. 54 of 1850.)

SECT. 83. When judgment shall have been rendered by a justice of the peace in a civil action, and such justice shall have died or shall be out of office, the plaintiff or creditor in such judgment may bring his action of scire facias to revive or enforce the execution of such judgment, before any other justice who can legally try a cause between the parties. (No. 7 of 1850.)

CHAPTER 30.

THE COMMON LAW.

BEING IDENTICAL WITH

Chap. 27 of the Revised Statutes, pp. 177-178.

SECTION

1. Common law of England adopted.

SECTION

ileges of citizens of this state.

2. Citizens of the United States, entitled to priv- 3. Imprisonment, contrary to law, prohibited.

SECTION 1. So much of the common law of England, as is applicable to the local situation and circumstances, and is not repugnant to the constitution or laws of this state, shall be deemed and considered law in this state, and all courts are to take notice thereof, and govern themselves accordingly.

SECT. 2. In all cases proper for the cognizance of the civil authority of this state, and the courts of judicature in the same, all the citizens of the United States shall be equally entitled to the privileges of law and justice with the citizens of this state.

SECT. 3. No person's body shall be restrained or imprisoned, unless by authority of law.

CHAPTER 31.

PROCESS.

COMPILED FROM

Chap. 28 of the Revised Statutes, pp. 178-188.

Laws of 1841,