Page:1862 Territory of Dakota Session Laws.pdf/353

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. 40. In all cases before a justice, the plaintiff, his agent or attorney, shall file with such justice a bill of the particulars of his demand; and the defendant, if required by the plaintiff, his agent or attorney, shall file a like bill of the particulars he may claim, as a set-off; and the evidence on the trial shall be confined to the items set forth in said bills.

. 41. The bill of particulars must state, in a plain and direct manner, the facts constituting the cause of action, or the claim to be set off.

. 42. The bill of particulars may be amended at any time before the trial, or during the trial, or upon appeal, to supply any deficiency, or omission in the items when, by such amendments, substantial justice will be promoted. If the amendment be made at the time of, or during the trial, and it be made to appear, to the satisfaction of the justice, by oath, that an adjournment is necessary to the adverse party, in consequence of such amendment, an adjournment must be granted. The justice may also, in his discretion, require, as a condition of an amendment, the payment of costs to the adverse party, to be fixed by the justice; but such payment cannot be required, unless an adjournment is made necessary by the amendment.

. 43. If, on the return of process, or at any time before trial shall have commenced, it shall be made satisfactorily to appear to the justice of the peace before whom any cause is instituted, or is pending for trial, by the affidavit of either of the parties in the case: 1. That such justice is a material witness for either party; or, 2. If a jury be demanded by the adverse party, then that he cannot, as he verily believes, have a fair and impartial trial in the precinct, or place for which said justice may have been elected, on account of the bias or prejudice of the citizens thereof; the place of trial may be changed.

. 44. If the place of trial be changed on account of the justice being a material witness in the cause, such cause