Page:United States Statutes at Large Volume 31.djvu/536

484 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. event of the action, or connected by consan uinity or affinit , within the third degree, with the adverse party or Ehose for whom he prosecutes or defends; Second. That the justice is so prejudiced a inst the party making the motion that he can not expect an impartijllsrial before the Lustice; Third. That the convenience of plarties and witnesses would e promoted bv such clfange, and that the motion is not made for the purpose of delay. The motion for change of the place of trial can not be made or allowed in an action until after the cause is at issue on a question of fact only. Ifv the motion is allowed, the change shall be made to the nearest justice. Neither party shall be entitled to more than one change of the place of trial, excegst for causes not in existence when the rst change was allowed. hen the place of trial has been changed, the jlustice shall forthwith transmit to the nearest justice a transcrigit of the proceedings had in such cause, with all the original pa ers led therein. °°S'** °* “’° °°·'¤°· EEC. 969. The costs of such change of venue shall be paid by the party agplying therefor, and not taxed as a part of the’costs in the case: ovided, It shall not be necessary to issue new subpoenas to " witnesses; but the witnesses shall a pear before thetjustice before whom the cause has been transferreg without‘the issue of any other Ch n hw nogce tg?3 tig: allotyganésle of tlgealrnoition toclgangie the venuezil th ° 8**- W Eo. . n e in o e ranscri an a ers wi e `usdeemed comphtml tice to whom th; cause hasgbeen transferredl the cli)arl)ge of venue shall _ be deemed complete, and thereafter the action shall proceed as though _ it had been commenced before such justice. ,,§_§°°§§"§§§,d wi? ij} Sec. 971. If it appear on the trial of any cause before a justice of the ism- peace, from the evidence of either party, that the title to lands is in qiliestion, which title shall be disputed bfy the other Earty, the justice s all immediately make an entry thereo in his doc et and cease all further proceedings in the cause, and shall certify and return to the district court a transcript of all the entries made in his docket relating to the case, toglether with all the process and other papers relating to the action, in the same manner and within the same time as upon an appeal; and thereupon the district court shall proceed in the cause to final judgment and execution in the same manner as if the action had been originally commenced therein; and the costs shall abide with the event of the action. CHAPTER NINETY-FIVE. or TRIAL BY JURY IN JUSTICE’S COURT. Sec. - J Sec. 972. Demand for jury, how and when 976. Officer to summon persons qualiued made. to serve. 973. Trial by court, how judgment may 977. Order for jury, how served. be given. 978. Dehciency, how supplied. 974. Order to summon jury. 979. Number of peremptory challenges. 975. When to require jurors toappear. I 980. Qualigtcations of jurors in justice’s - cou . . h§$§*§§‘l,1f§,§,,§;‘§§j Sec. 972. When a cause is at issue upon a question of fact, if either rty then demand a jury_ trial, and deposit with the justice the trial ge, such issue must be tried by a jury and not the court; but otherwise it must be tried by the court. ‘ ,,,§$€,§’g’ °‘{,,"g§; mj}; Sec. 973. When an issue of fact is tried by the justice it is not necsiven- essar that there should be an special statement of the facts found or law dletermined on such trial, but it is sufficient for the court to give judgment generally, as the law and the evidence may require, for the