SEC. 559. Every justice shall keep a book denominated a docket, in which he shall enter: First. The title of every action or proceeding. Second. The object of the action or proceeding, and if a sum of money be claimed, the amount of the demand. Third. The date of the summons and the time of its return, and if an order to arrest the defendant be made, or a writ of attachment be issued, a statement of these facts. Fourth. The time when the parties, or either of them, appear, or their non-appearance if default be made; a minute of the pleadings and motions, if in writing, referring to them-if not in writing, a concise statement of the material parts of the pleadings, and of all motions made during the trial by either party, and his decisions thereon. Fifth. Every adjournment, stating on whose application, whether on oath, evidence, or consent, and to what time. Sixth. The demand for a trial by jury, when the same is made, and by whom made, the order for the jury, and the time appointed for the trial and return of the jury. Seventh. The names of the jury, who appear and are sworn, the names of all witnesses sworn, and at whose request. Eighth. The verdict of the jury, and when received; if the jury disagree and are discharged the fact of such disagreement and discharge. Ninth. The judgment of the court, specifying the costs included, and the time when rendered. Tenth. The issuing of the execution, when issued, and to whom, the renewals thereof, if any, and when made, and a statement of any money paid to the justice, and when, and by whom. Eleventh. The receipt of a notice of appeal, if any be given, and of the appeal bond, if any be filed.

SEC. 560. The several particulars of the last section specified shall be entered, under the title of the action to which they relate, and at the time when they occur. Such entries in a justice's docket, or a transcript thereof, certified by the justice or his successor in office, shall be primary evidence to prove the facts so stated therein.

SEC. 561. A justice shall keep an alphabetical index to his docket, in which shall be entered the names of the parties to each judgment, with a reference to the page of entry. The names of the plaintiffs shall be entered in the index, in the alphabetical order of the first letter of the family names.

SEC. 562. It shall be the duty of every justice, upon the expiration of his term of office, to deposit with his successor his official dockets, as well his own as those of his predecessors, which may be in his custody, to be kept as public records. If the office of a justice become vacant by his death or removal from the township or city, or otherwise, before his successor is elected and qualified, the dockets in possession of such justice shall be deposited with the county clerk of the county, to be by him delivered to the successor in office of the justice.

SEC. 563. Any justice with whom the docket of his predecessor is deposited may issue execution or other process upon a judg ment there entered and unsatisfied, in the same manner and with the same effect as the justice by whom the judgment was entered might have done. In case of the creation of a new county or the change of the boundary between two counties, any justice into whose hands the docket of a justice formerly acting as such, within the same territory, may come, shall, for the purposes of this section, be considered the successor of said former justice.

SEC. 564. The justice elected to fill a vacancy shall be deemed the successor of the justice whose office became vacant before the expiration of a full term. When a full term expires, the same or another person elected to take office in the same township, or city, from that time shall be deemed the successor.

SEC. 565. When two or more justices are equally entitled under the last section to be deemed the successor in office of a justice, the probate judge shall, by a certificate subscribed by him, and filed in the office of the county clerk, designate which justice shall be deemed the successor of a justice going out of office, or whose office has become vacant.

SEC. 566. The summons, execution, and every other paper made or issued by a justice, except a subpoena, shall be filled up without a blank left to be filled by another, otherwise it shall be void.

SEC. 567. In case of the sickness, or other disability or necessary absence of a justice on a return of a summons, or at the time appointed for a trial, another justice of the same county may, at his request, attend in his behalf, and shall thereupon become vested with the power, for the time being, of the justice before whom the summons was returnable. In that case, the proper entry of the proceedings before the attending justice, subscribed by him, shall be made in the docket of the justice before whom the summons was returnable.

SEC. 568. A justice may, at the request of a party, and on being satisfied that it is expedient, specially depute any discreet white male citizen of suitable age and not interested in the action, to serve a summons or execution, with or without an order to arrest the defendant, or with or without an order of attachment. Said justice shall be liable on his official bond for all official acts of the person so deputed. Such deputation shall be in writing on the process.

SEC. 569. The person so deputed shall have the authority of a constable in relation to the service, execution, and return of such process, and shall be subject to the same obligations.

SEC. 570. A constable, notwithstanding the expiration of his term of office, may proceed and complete the execution of all final

process which he has begun to execute, in the same manner as if he were still in office, and his sureties shall be liable to the same extent.

SEC. 571. A justice may punish, as for contempt, persons guilty of the following acts, and no others: First. Disorderly, contemptuous, or insolent behavior toward the justice, while holding the court, tending to interrupt the due course of a trial or other judicial proceeding. Second. A breach of the peace, boisterous conduct or violent disturbance in the presence of the justice or in the immediate vicinity of the court held by him, tending to interrupt the due course of a trial or other judicial proceeding. Third. Disobedience or resistance to the execution of a lawful order or process made or issued by him. Fourth. Disobedience to a subpoena duly served, or refusing to be sworn or answer as a witFifth. Rescuing any person or property in the custody of any officer, by virtue of an order or process of the court held by

ness.

him.

SEC. 572. When a contempt is committed in the immediate view and presence of the justice, it may be punished summarily, for which an order shall be made, reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed. When the contempt is not committed in the immediate view and presence of the justice, a warrant of arrest may be issued by such justice, on which the person so guilty may be arrested and brought before the justice immediately, when an opportunity to be heard in his defense, or excuse, shall be given. The justice may thereupon discharge him, or may convict him of the offense. A justice may punish for contempts by fine and imprisonment, or both; such fine not to exceed in any case one hundred dollars, and such imprisonment one day.

SEC. 573. The conviction, specifying particularly the offense and the judgment thereon, shall be entered by the justice in his docket.

SEC. 574. Justices of the peace may issue subpoenas in any action or proceeding in the courts held by them, and final process on any judgment recovered therein, to any part of the county.

SEC. 575. Justices of the peace may issue commissions to take depositions of witnesses out of this territory, and settle interrogatories to be annexed thereto, and direct the manner in which the commissions shall be returned. The provisions of title eleventh of this act, so far as the same are consistent with the jurisdiction and powers of justices' courts, shall be applicable to justices' courts, and to actions and proceedings therein.

SEC. 576. In actions respecting mining claims, proof shall be admitted of the customs, usages, or regulations, established and in force in the mining district embracing such claim; and such cus

toms, usages, or regulations, when not in conflict with the laws of this territory, shall govern the decision of the action.

SEC. 577. A new trial may be granted by the justice on motion, within ten days after the entry of judgment, for any one of the following causes: First. Accident or surprise, which ordinary prudence could not have guarded against. Second. Excessive damages, appearing to have been given under the influence of passion. Third. Insufficiency of the evidence to justify the verdict or other decision. Fourth. Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the time.

SEC. 578. The application shall be made upon affidavit and notice. The affidavit shall be filed with the justice, with a statement of the grounds upon which the party intends to rely. The adverse party may use counter affidavits on the motion, provided they be filed one day previous to the hearing of the motion.

SEC. 579. Any party dissatisfied with a judgment rendered in a justice's court, may appeal therefrom to the district court of the county, at any time within twenty days after the rendition of the judgment. The appeal shall be taken by filing a notice of appeal with the justice, and serving a copy on the adverse party. The notice shall state whether the appeal is taken from the whole or a part of the judgment, and if from a part, what part, and whether the appeal is taken on questions of law or fact, or both.

SEC. 580. When a party appeals to the district court on questions of law alone, he shall within ten days from the rendition of judgment, prepare a statement of the case and file the same with the justice. The statement shall contain the grounds on which the party intends to rely on the appeal, and so much of the evidence as may be necessary to explain the grounds and no more. Within ten days after he receives notice that the statement is filed, the adverse party, if dissatisfied with the same, may file amendments; the proposed statement and amendments shall be settled by the justice, and if no amendments be filed, the original statement shall be adopted. The statement thus adopted, or as settled by the justice, with a copy of the docket of the justice, and all motions filed with him by the parties during the trial, and the notice of appeal, shall be used on the hearing of the appeal before the district

court.

SEC. 581. When a party appeals to the district court on questions of fact, or on questions of both law and fact, no statement need be made, but the action shall be tried anew in the district court.

SEC. 582. Upon receiving the notice of appeal, and on payment of the fees of the justice, and filing an undertaking as required in the next section, the justice shall, within five days, trans

mit to the clerk of the district court, if the appeal be on a question of law alone, a certified copy of his docket, the statement as admitted, or as settled, the notice of appeal, and the undertaking filed; or, if the appeal be on questions of fact, or both law and fact, a certified copy of his docket, the pleadings, all notices, motions, and other papers filed in the cause, the notice of appeal, and the undertaking filed; and the justice may be compelled by the district court, by an order entered upon motion, to transmit such papers, and may be fined for neglect or refusal to transmit the same; a certified copy of such order may be served on the justice by the party, or his attorney. In the district court either party shall have the benefit of all legal objections made in the justice's court.

SEC. 583. An appeal from a justice's court shall not be effectual for any purpose unless an undertaking be filed, with two or more sureties, in the sum of one hundred dollars, for the payment of the costs on appeal; or, if a stay of proceedings be claimed, in a sum equal to twice the amount of the judgment, including costs, when the judgment is for the payment of money, or twice the value of the property, including costs, when the judgment is for the recovery of specific personal property; and shall be conditioned, when the action is for the recovery of money, that the appellant will pay the amount of the judgment appealed from, and all costs, if the appeal be withdrawn or dismissed, or the amount of any judgment and all costs that may be recovered against him in said action in the district court; where the action is for the recovery of specific personal property, the undertaking shall be conditioned that the appellant will pay the judgment and costs appealed from, and obey the order of the court made therein, if the appeal be withdrawn or dismissed, or any judgment and costs that may be recovered against him in said action in the district court, and will obey any order made by the court therein. The undertaking shall be accompanied by the affidavit of the sureties that they are residents of the county, and are each worth the amount specified in the undertaking, over and above all their just debts and liabilities, exclusive of property exempt from execution, or the bond shall be executed by a sufficient number of sureties, who can justify in the aggregate to an amount equal to double the amount specified in the bond; or a deposit of the amount of the judgment (including all costs) appealed from, or of the value of the property; including all costs, in actions for the recovery of specific personal property, with the justice; and such deposit shall be equivalent to the filing of the undertaking in this act mentioned; and in such cases the justice shall transmit the money to the clerk of the district court, to be by him paid out upon the order of the court. The adverse party may, however, except to the sufficiency of the sureties within five days after the filing of the undertaking, and unless they, or other sureties, justify before the justice before