arbitrators in 93. When the arbitrators attend at the time and place Proceedings of so appointed, being first sworn as aforesaid, they shall such cases. hear and determine the cause, and make their award in writing, (which shall be valid when signed by any two of them), and return the same to the justice, who shall enter a note thereof on his docket, and render judgment thereon, and issue execution as in other cases. But continuances may be granted as in other cases. award to be conclusive; excep 94. Every judgment on such award shall conclude the Judgment on rights of the parties, unless within fourteen days from the rendition of such judgment, it be made to appear to the tion. satisfaction of the justice, that the award was obtained by mistake, fraud, corruption, or other undue means. In such case, the award and judgment may be set aside by the justice, and the cause be tried as if the arbitration had not been agreed upon. on award. 95. No appeal shall be granted or allowed from the No appeal judgment of a justice rendered on an award. from judgment 96. If, after the arbitration has been agreed upon as Justice may aforesaid, the award be not returned to the justice within set aside fourteen days, the justice, on the application of either arbitration in party, the other having reasonable notice, may, in his discretion, set aside the agreement, and thereafter proceed to trial and judgment as in other cases. Witnesses-Evidence. agreement for certain cases. 97. A justice may issue subpoenas for witnesses residing How and when or found in the county, and compel their attendance, in witnesses compelled to attend any suit pending before him, or in any matter respecting before justice. which he may lawfully take depositions. whom served; 98. A subpoena may be served by an officer, a party to Subpoena, by the suit, or any other person. When not served by an in what case officer, the affidavit of the person who served it will be affidavit of serevidence of service. vice required. from 99. Whenever either party in an action pending before when witness a justice, makes oath that the testimony of a witness, re- may be sum siding in any county adjoining that in which the suit is another pending, is material to him in the trial of the cause, the county. justice may continue the cause at the cost of such party Continuance of for a period not exceeding two weeks, and forth with issue cause in such a subpoena for such witness, which subpoena may be directed to a constable of the county in which the witness resides, and be served by such constable, or any other person, as in other cases. cases. advance. 100. A witness in a civil suit is entitled, at the time the Witness may subpoena is served, to demand payment of his legal fees for demand fees in traveling to and from the place of trial, and one day's attendance. If he demand them at such time, and they are not paid, he is not obliged to attend the trial before the If not paid, he is not obliged to attend. Exception. Fees, etc., of witnesses. Number of witnesses restricted, etc. Claim for attendance to be made before judgment. Penalty for fail to attend etc. justice. but if at the time of issuing such subpoena, or afterwards, the party for whom it is issued, file his affidavit with the justice that he is unable pecuniarily to pay the fees and mileage of his witnesses, the justice, if satisfied of the truth of the affidavit, shall endorse on the subpoena the fact of such affidavit having been made, and in such case the witness shall attend without the prepayment of fees or mileage. 101. A person attending as a witness under a subpoena, shall be allowed fifty cents for each day's attendance, and five cents for each mile necessarily traveled to the place of attendance, and the same for returning, and also the tolls and ferriages paid by him, 102. Any party calling more than two witnesses to any fact which is not contradicted by another witness, shall pay the costs of such additional witnesses, unless otherwise ordered by the justice. 103. No claim for attendance shall be allowed a witness, unless made before judgment is entered. 104. Whenever it shall appear, to the satisfaction of a ure of witnesses justice, that any person has been duly served with a subpoena to give evidence before him in any matter in which he has the authority to require such witness to appear and testify; that his evidence is material; and that he fails, or refuses to attend, as required by such subpoena such person, on reasonable notice, and an opportunity of being heard, if he do not show sufficient cause for such failure or refusal, may be fined by the justice not exceeding ten dollars, and adjudged to pay the costs of the proceeding against himself. An entry of such fine and costs, stating the reason therefor, must be made by the justice in his docket, and shall have the effect of a judgment in favor of the state, and may be enforced as other judgments of justices. When a person in attendance refuse to testify, without showing sufficient cause, he shall be subject to like penalty. Witness also liable for damages, etc. Depositions; must be taken on notice, etc. 105. Every person subpoenaed as aforesaid, and failing or refusing to appear and testify, withoutsufficient cause, and every person present at the trial and refusing to testify, without such cause, shall also be liable to the party requiring his evidence, for all damages such party may sustain by such failure or refusal. 106. No deposition of any person shall be given in evidence on the trial on behalf of either party, if the other object, unless the party against whom it is offered had reasonable notice of the taking thereof, and was allowed freely to cross-examine the witness, subject to the rules of law. 107. If a witness offered at the trial be objected to as incompetent, the objection shall be tried and determined witness; how by the justice. The proposed witness may be examined Competency of on oath touching the question of his competency, and tried. other evidence may be given in support of or against the objection. 108. The following persons are incompetent to testify, Who are incomas hereinafter provided, and not otherwise : First-Persons of unsound minds, and children who appear incapable of receiving just impressions of their obligations to tell the truth, or the facts respecting which they are to be examined. Second-Husband and wife, concerning any communication made by one to the other during the marriage, whether called to testify while the relation subsists or after it is dissolved. Third-An attorney, without his client's consent, concerning any communication made to him by his client touching the matter in which he is consulted or employed, or any counsel or advice given by him to his client. Fourth-A minister, clergyman or priest of any religious denomination, concerning any confession made to him according to the course of discipline enjoined by the church to which he belongs. Fifth-A physician or surgeon, without his patient's consent, concerning any communication made to him by his patient, which was necessary to enable him to prescribe and treat the case. petent to must be 109. The execution of any written instrument, or of any when written assignment or endorsement thereof, produced at the trial, instrument need not be proved, unless the adverse party, his agent or proved. attorney, makes oath that he does not believe the same to be genuine. witnesses. 110. Depositions of witnesses residing out of the county, Depositions of or sick, or otherwise unable to attend, or about to leave the county, may be taken by either party on reasonable notice How taken. to the other, to be used in trials before a justice; and no commissioner shall be necessary. how returned. 111. Such depositions shall be sent under seal to the When and justice before whom the case is to be tried, the officer taking the same, writing his name across the place where it is sealed. And if the witness, at the time of the trial, be absent from the county, or sick, or otherwise unable to attend, the deposition, if competent and proper evidence, may be read in evidence at the trial by either party. how sworn. 112. Every witness, before giving his testimony, shall be Witnesses; sworn that the evidence he will give relating to the matter in difference between the plaintiff and defendant shall be the truth, the whole truth, and nothing but the truth. A solemn affirmation shall, in all cases, have the same effect Athirmation of. 10 Acts. Rules of evidence in justice's courts, same as in circuit courts, etc. as an oath; and the rules of evidence in trials and proceedings before justices shall, unless otherwise provided, be the same as in the circuit courts. Judgments. Judgments; 113. The defendant may either, before suit is brought, offer to confess; how made, etc.' or at any time afterwards before trial, make an offer in writing to confess judgment in favor of the plaintiff for the sum or property specified in such offer. Such offer shall be served on the plaintiff by delivering to him a copy thereof, and the original, with proof of the service thereof, shall be filed with the justice at or before the trial. If the plaintiff fail to accept the said offer before trial, or to give notice to the defendant of such acceptance, and do not recover a more favorable judgment, the justice, on proof of such offer being made, shall adjudge the plaintiff to pay all costs of the action from the time of the offer. If the offer so made be not accepted, it shall not be given in evidence against the defendant. When and how rendered. 114. When the plaintiff dismisses his action (except in the case mentioned in the fifty-seventh section), or judgment is confessed, or the defendant is in custody, or property is held under attachment, judgment shall be entered without delay. In other cases, judgment shall be entered within twenty-four hours (Sundays excepted) after the trial. The justice or jury shall, in all cases, ascertain the balance due (if any) from one party to the other, after allowing all claims and credits established by the party against whom judgment is to be rendered, and judgment shall be entered for the aggregate amount of principal and To bear interest interest so ascertained to be due. Every judgment shall bear interest from its date, upon such amount. from date. When judg ment may be set aside. When judgment may be revived, etc. 115. In any case tried without a jury, in which it is not otherwise herein provided, the justice who rendered the judgment, may, on motion of either party, the other, his agent or attorney, being present, or having had reasonable notice of the motion, set aside the judgment, within two weeks after it is entered, and grant a new trial on such terms and conditions as he sees fit to impose. But this shall only be done when the justice is satisfied that injustice was done by the judgment to the party by whom the motion is made. 116. A judgment may be revived in favor of or against the personal representative of a deceased party within three years after it is rendered, or (unless the three years shall have expired before the death of such party), within two years after his personal representative shall have qualified. And such revival may be by an order to that effect, entered on his docket by the justice who rendered the judgment, or his successor, on the motion of the party in whose favor the judgment was rendered, or his personal representative, the other party, or his personal representative, agent, or attorney being present, or having had reasonable notice of such motion. be docketed in 117. Judgments of justices may be docketed in the Judgment may judgment lien docket kept in the office of the clerk of the county court county court, in like manner and with like effect, in all clerk's office, respects, as the judgments of circuit courts. etc. etc., in circuit office. 118. The person in whose favor a judgment is rendered Transcript of by a justice, or who is entitled to receive the money due may be filed. thereon, or any part of it, may file in the clerk's office of court clerk's the circuit court of the county in which the judgment was rendered, a transcript thereof, certified by the justice who has the lawful custody of the docket in which such judgment is entered; and the said clerk may issue executions thereon in the same manner, and with like effect as if the judgment had been rendered by the circuit court. The transcripts filed as aforesaid shall be entered by the clerk To be entered in his execution docket and indexed in the name of both by clerk in plaintiff and defendant, and be filed in separate bundles docket. for each year; for which service the clerk shall be entitled to a fee of fifty cents, to be paid by the person at whose instance the same is rendered. execution purchase judg 119. No justice or constable shall purchase any judg- Justice or ment rendered in their county by a justice thereof. Every constable not to person violating this provision, shall, for every such of- ment rendered fense, be fined not less than ten nor more than one hun- in their dred dollars. Suggestions on Judgments. County, etc. 120. On a suggestion by a judgment creditor, verified by Suggestions ou affidavit, to the justice who rendered the judgment, or his judgment. successor, that any person, whether in the same or another county, has effects of the judgment debtor in his possession or control, not exempt by law from execution, or is liable to the debtor in any sum of money, whether then due and payable, or thereafter to become so, not exempt from the lien of an execution, the justice shall order such person thereon. and the judgment debtor to appear before him at the time and place specified in such order, and answer, under oath, respecting such effects and liability; and may also subpœna witnesses to testify concerning the same. Proceedings 121. The order shall be signed by the justice, and served Ibid. and returned like a summons, but the exact time of the service shall be stated in the return. And the person suggested as having such effects, or as liable to the judgment debtor for a sum of money, shall from the time of the service thereof on him, be liable to the judgment creditor for whatever effects (real estate excluded), of the judgment debtor, not exempt by law from execution, were in his possession or control when the order was served, and |