Page:United States Statutes at Large Volume 31.djvu/535

 FIFTY—SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 483 _ CHAPTER NINETY-THREE. " or THE PLEADINGS IN JUSTICE, COURT. Sec. Sec. 962. No formal pleadings necessary. { 964. Action on lost Instrument. 963. Same subject. ‘ . _ Sec. 962. No formal pleadings on the part of either plaintiff or ugh f¤¤=·¤¤¤ v¤¤¤·1*¤s¤ defendant shall be required in a jluStice’s court; but before any proc- °°°my' ` ess shall be issued in any action the plaintiff shall file with the justice the instrument sued on, and a statement of the account as of the facts constituting the cause of action upon which the action is founded; and the defendant shall, before the tr1al isoommenced, file the instrument, account, or statement of his set—olf or counterclaim relied upon. SEo. 963. When the action is founded on any instrument of writing S°m° submigxlaporting to have been executed by the defendant, and the debt o1· a e claimed may be ascertained by. such instrument, the same shall ge filed with the justice, and no other statement or pleading shall be required. If the action be u _ n anaccount, a bill of the items constituting the account shall be iilgd. In all other cases a statement of the facts constituting the cause of action and the amount or sum demanded shall be filed with the justice; but no action shall be dismissed or discontinued for want of ani such statement as cause of action, or for any defect or insufhciency thereof, if the plaintiff shall iile the instru-- ment or account as a Suiiicient statement efore the jury is sworn or the trial commenced, or whenrequired bg the justice. _ Sec. 964. If such instrument be allege to be lost or destroyed, it ,,,,"},‘§,Y,§’,’§‘t_°" lm “" shall be sufficient for the plaintiff to file with the justice the andavit of himself, or someother credible person, stating such loss or destruction, and setting forth the substance of such instrument. CHAPTER NINETY-rom:. or THE PosTroNEMENT or TRIALS IN .TUSTICE’S COURT. Sec. Sec. 965. When postponement allowed. -969. Costs of the same. 966. When It discharges defendant from 970. Change, when deemed completed. arrest. 971. Proceeding when title to land is in. 967. When deposition to be taken. issue. 968. Change o place of trial. Sec. 965. 'When a cause is at issue upon a question of fact the jus- mg’,*g$,§,‘,0{’,‘;gfP°“° tice must, upon sufficient cause shown, on the application of either, party, postpone the trial for a period not exceeding sixty days. _ _ '- - Sec. 966. When the defendant is in custody a {postponement of the d§g’,f’,';,}f '}$§Q{“”=fl$§ trial granted upon the application of the plainti for a longer period rest than one day discharges. the defendant from such arrest; and in such case the justice must mdorse upon the writ of arrest, "The defendant is discharged from custod upon the within process," and sign' the same with his name and oflilde. _ Sec. 967. An application for the postponement of a trial must be b8"Q‘§§u?°P°”’*°“ “’ granted unless the party applying therefor, if required by the adverse party, consent to take the deposition of any witness of such adverse party then in attendance upon the court. If the consent is given, the justicemust take such deposition, and the samemay be read on the trial, subjectto the same objections as if the witness were present and gave the testimony orally. Sec. 968. The justice ma change the place of trial, on notice of t,f§j{“““° °‘ *’“‘°° °‘ either party to the action, when it appears from the affidavit of such party either-. First. That the justice is a party to, or directly interested in, the