of the District or County Court of the County, where such witness resides, requiring such Chief Justice, Notary Public, or Clerk, to take the answers of such witness to the interrogatories, and cross interrogatories, that accompany such commission, to cause the witness to be sworn to his answers, and to subscribe them; and every Chief Justice, Notary Public, or Clerk of the District or County Court, to whom any such commissions may be directed, shall execute the same according to the directions therein contained, and for that purpose, he shall have like powers as Chief Justices, Notaries Public, and Clerks of the District Court have, to execute commissions to take depositions, when issued from the District Court, he shall certify under his hand and official seal, the manner in which he has executed such commission, and shall seal up such certificate and answer, with the commission and interrogatories, write his name across the seal of the envelope, direct the same to the Justice from whom the Commission issued, and forward it, either by mail, or private conveyance; if sent by mail he shall cause the Post master or his deputy mailing the same to endorse thereon, that he received it from the hands of the officer who took such answers; .f sent by private hand, the person delivering the same to the Justice, shall make affidavit in writing, before such Justice, that he received the package, from the hands of the officer, who took such answers, and that it has undergone no change since.

Sec. 44. That all evidence, so taken and returned, to any Justice's Court, may be read in evidence on the trial of the suit in which it was taken, and shall have the same force and effect, as if the witness were examined in open Court, provided, the answers are responsive to the interrogatories, and, provided, also, that the interrogatories and answers shall be subject to all legal exceptions; but when such depositions are filed with the Justice, before the trial commences, no exceptions shall be heard, as to the manner of taking and returning such depositions, unless they are taken before the trial commences.

Sec. 45. That all the rules of evidence prescribed for the government of District Courts, where the same do not conflict with the provisions of this act, shall govern the proceedings in the Justices Courts, so far as the same are applicable.

Sec. 46. That any Justice of the Peace, before whom any suit or proceeding is pending, may, for good cause shown, by either party, and supported by affidavit, continue the same, to

the next term of his Court; and if such cause or proceeding is such as can be tried by such Justice, at any other time, than at a regular term, he shall have the like power to continue the same for a reasonable time.

Sec. 47. That any Justice may, for good cause shown, supported by affidavit in writing, grant a new trial in any civil suit tried before him, whenever he shall consider that justice has not been done in the trial of such case: Provided, however, That all applications for a new trial shall be made within ten days after the rendition of judgment, and one day's notice of the application shall be given to the opposite party, his agent or attorney: Provided, also, That not more than one new trial shall be granted to either party; and in all cases where a new trial shall be granted, the cause shall be continued to the next term of the court.

Sec. 48. That in all proceedings before a Justice of the Peace, in which either party may be entitled to a Jury, and shall make application for one, such Jury shall be composed of six men, and the Justice shall forthwith issue a writ, directed to some lawful officer of the County, commanding him to summon forthwith six disinterested freeholders, or householders, to serve as a Jury; and if any person so summoned shall fail or refuse to attend, he may be fined by the Justice, three dollars, for the use of the County, for such failure or neglect, unless he shall show to such Justice good cause for such failure or neglect, after being cited so to do. In all trials for criminal offences, either the person prosecuting, or the accused, may challenge two of such Jurors without assigning any cause therefor; and in all trials, whether civil or criminal, either party may challenge any number of Jurors for cause, which cause shall be judged of by the Justice. If, from challenges, or any other cause, a sufficient number of the Jury do not attend, the Justice shall order some lawful officer to summon a sufficient number of qualified Jurors to make up the Jury. When a Jury is formed, the Justice shall administer to them an oath or affrmation, in forin as follows: "You and each of you do solemnly swear, or affirm, (as the case may be,) that you will well and truly try the cause about to be submitted to you, and a true verdict give therein according to the evidence, so help you God."

Sec. 49. That whenever a Jury has been formed in a Justice's Court, the same Jury may be called on to try all causes before such Justice, in which a Jury is required, on the same

day, without the necessity of a new writ in each case; Provided, however, that Juries shall be sworn for each cause.

Sec. 50. That in all cases before Justices of the Peace, other than prosecutions for offences against the laws of this State, the party applying for a Jury, shall, before the trial commences, pay a Jury fee of three dollars, which shall be equally divided between the Jurors trying the cause; and if the party paying such fee, shall recover judgment, the Jury fee shall be taxed in the bill of costs, and when collected, shall be refunded to him; and in all trials before a Justice of the Peace, which shall be tried by a Jury when the Jury fee is not required to be paid before the trial commences, a like Jury fee shall be taxed in the bill of costs, and when collected shall be equally divided between the Jurors who tried the same.

Sec. 51. That every person who shall have a cause of action against another, within the jurisdiction of a Justice of the Peace, who shall make oath in writing before such Justice, that he is too poor to pay the fees of such action, shall be entitled to all process necessary for the trial of such action, and to have a trial thereof, free of costs.

Sec. 52. That a Justice of the Peace may grant a stay of execution on any judgment for money, rendered by himself in a civil. suit, for three months; Provided, the person against whom such judgment was rendered, shall with one or more good and sufficient sureties, to be approved by such Justice, appear before him and acknowledge themselves, and each of them, bound to the successful party in such sum as shall secure the amount of the judgment, interest, and costs: which acknowledgment shall be entered by the Justice on his docket, and shall have the force and effect of a judgment against the persons making the acknowledgment, upon which execution shall issue for the amount of the original judgment, interest and costs, in case the same shall not be paid on or before the expiration of such stay; Provided, however, that no such stay shall be granted, unless the same is applied for within ten days after the entry of the original judgment.

Sec. 53. That any party, his agent or attorney, may appeal from any final judgment rendered by a Justice of the Peace, to the District Court of the county; Provided, he shall within ten days after the entry of such judgment. file with such Justice, a bond with one or more good and sufficient sureties, in a sum equal at least to double the amount of such judgment, interest

and cost, payable to the plaintiff, conditioned, that the party appealing, shall prosecute his appeal to effect, or shall pay and satisfy the judgment or decree that may be made or rendered by the District Court against the obligors in such bonds.

Sec. 54. That in all cases where an appeal shall be taken from a Justice's Court to the District Court, it shall be the duty of the Justice from whose judgment such appeal was taken, immediately to make out a transcript of his entries made on his docket in such case, and file the same with the original papers of the cause with the clerk of the District Court, on or before the first day of the term of said Court, next after such appeal was taken; but if there is not time for such transcript and papers to be filed at such first term, then they shall be so filed at the next succeeding term of said Court.

Sec. 55. That in all cases before a Justice of the Peace, other than prosecutions for offences against the laws of this State, where a party against whom a judgment for money has been rendered, shall not give notice of appeal at the time of trial, or shall not obtain a new trial, or such judgment shall not be set aside, or a stay shall not be taken before the expiration of the term of the Court at which such judgment was rendered, the Justice shall on the second day after the expiration of the term of the Court, issue an execution against the estate of the defendant; Provided, however, that when an appeal shall be taken and bond given, or where a new trial shall be granted in the cause, or where such judgment shall be set aside, or where a stay shall be taken at any time within ten days after such judgment was rendered, any such execution shall be superceded and quashed, and if notice of appeal is given at the time of trial, but no bond is filed within ten days thereafter, then execution shall issue in like manner.

Sec. 56. That all executions issued by a Justice of the Peace, shall be directed to some lawful officer of the State, and shall be returnable to his Court in sixty days. It shall be the duty of the officer, to whom any such execution is directed, to execute and return the same, on or before the return day thereof, and all the provisions of the laws regulating executions from the District Courts, where the same are not inconsistent with the provisions of this act, shall apply to and govern executions from Justices of the Peace, so far as the same are applicable.

Sec. 57. That in cases of emergency, any Justice of the

Peace may depute any person of good character, to execute any process, civil or criminal: Provided, That, in every such case, the Justice shall certify on the back of such process, that the person is so deputed by him; and the person so deputed, shall take and subscribe an oath, that he will execute such process according to law, which oath, with the certificate of the Justice, that it was administered, shall be endorsed on, or annexed to such process.

Sec. 58. That Justices of the Peace shall have power to administer oaths of office in all cases, and also all other oaths or affirmations, and to give certificates thereof.

Sec. 59. That all fines, forfeitures, and penalties for offences against the laws of this State, that may be collected under the provisions of this or any other law regulating proceedings in Justices Court, shall be paid into the County Treasury, for the use of the State or County, as the case may be, on or before the first day of the term of the District Court for the County, next after the same may have been collected; and if any Justice, or other officer, shall fail so to pay any such fine, penalty or forfeiture, on the day aforesaid, the County Treasurer may recover judgment against such Justice or other officer, and the sureties on his bond, for all such fines, penalties and forfeitures, with damages on the amount thereof, at the rate of five per cent. per month, from the time they were so collected, by motion before said District Court, three days notice. of such motion being first given to such Justice or other officer and his sureties.

Sec. 60. That no suit shall be brought before any Justice of the Peace where he may be interested, or where he may be related to either the plaintiff or defendant, within the third degree of consan guinity or affinity; but in all such cases, suit shall be brought before the nearest Justice, not so interested or related.

Sec. 61. That in all cases where a suit shall be brought before a Justice of the Peace for the recovery of specific articles, on the trial thereof, the Jury or Justice, as the case may be, shall, if they find for the plaintiff, assess the value of such articles separately; and if the plaintiff recover, judgment shall be rendered for the specific article or articles, if to be had: but if not, then for their value, and the Justice shall issue thereon, his writ directed to some lawful officer, commanding him to put the plaintiff in possession of the article or articles so recovered, if to be found: but if not, then to proceed and make the value of such article or