Court; and thereafter no attachment can be discharged Same. upon filing an undertaking, unless the amount of such claim, or the amount determined as provided in the next section, be covered thereby, in addition to the other requirements; and any execution issued against such steamer, vessel, or boat, upon judgment recovered thereafter, must direct the application of the proceeds of any sale: 1. To the payment of the amount of such claims filed, or the amount determined, as provided in the next section, which amount the Clerk must insert in the writ; 2. To the payment of the judgment and costs, and Sheriff's fees, and must direct the payment of any balance to the owner, master, or consignee, who may have appeared in the action; but if no appearance by them be made therein, it must direct a deposit of the balance in Court. 826. (§ 330.) If the claim of the mariner, boatman, or other person, filed with the Clerk of the Court, as provided in the last section, be not contested within five days after notice of the filing thereof, by the owner, master, agent, or consignee of the steamer, vessel, or boat, against which the claim is filed, it is deemed admitted; but if contested, the Clerk must indorse upon the affidavit thereof a statement that it is contested, and the grounds of the contest; and must immediately thereafter order the matter to a single referee for his determination, or he may hear the proofs and determine the matter himself. The judgment of the Clerk or referee may be reviewed by the. County Judge, either in term or vacation, immediately after the same is given, and the judgment of the County Judge is final. On the review, the County Judge may use the minutes of the proofs taken by the Clerk or referee, or may take the proofs anew. Proof of of mariners the claims and others. Sheriff's notice of sale to contain measurement, ton nage, etc. 827. (§ 331.) The notice of sale published by the Sheriff must contain a statement of the measurement and tonnage of the steamer, vessel, or boat, and a general description of her condition. TITLE XI. OF PROCEEDINGS IN JUSTICES' COURTS. CHAPTER I. Place of trial of actions in Justices' Courts. II. Manner of commencing actions in Justices' Courts. III. Pleadings in Justices' Courts. IV. Provisional remedies in Justices' Courts. tices' Courts. VII. Trials in Justices' Courts. VIII. Judgments (other than by default) in IX. Executions from Justices' Courts. XI. Dockets of Justices. XII. General provisions relating to Justices' CHAPTER I. PLACE OF TRIAL OF ACTIONS IN JUSTICES' COURTS. SECTION 832. Action, in what township or city may be commenced. 833. Place of trial may be changed in certain cases. 834. Limitation on the right to change. 835. To what Court transferred. SECTION 836. Proceedings after order changing place of trial. 837. Effect of an order changing place of trial. 838. Transfer of cases to the District Court. in what 832. (§ 535.) Actions in Justices' Courts must be Action, commenced, and, subject to the right to change the township place of trial (as in this Chapter provided), must be commen tried: 1. If there is no Justices' Court for the township or city in which the defendant resides: in any city or township of the county in which he resides; 2. When two or more persons are jointly, or jointly and severally, bound in any debt or contract, or otherwise jointly liable in the same action, and reside in different townships or different cities of the same county, or in different counties: in the township or city in which any of the persons liable may reside; 3. In cases of injury to the person or property: in the township or city where the injury was committed; 4. If for the recovery of personal property, or the value thereof, or damages for taking or detaining the same: in the township or city in which the property may be found, or in which the property was taken; 5. When the defendant is a non-resident of the county: in any township or city wherein he may be found; 6. When the defendant is a non-resident of the State: in any township or city in the State; 7. When a person has contracted to perform an obligation at a particular place, and resides in another county, township, or city: in the township or city in which such obligation is to be performed, or in which he resides; 8. When the parties voluntarily appear and plead without summons: in any township or city in the State; 9. In all other cases: in the township or city in which the defendant resides. or city commenced Place of trial may 833. (§ 582.) The Court may, at any time before be changed the trial, on motion, change the place of trial in the in certain cases. Limitation on the right to change. To what following cases: 1. When it appears to the satisfaction of the Justice before whom the action is pending, by affidavit of either party, that such Justice is a material witness for either party; 2. When either party makes and files an affidavit that he believes that he cannot have a fair and impartial trial before such Justice, by reason of the interest, prejudice, or bias of the Justice; 3. When a jury has been demanded, and either party makes and files an affidavit that he cannot have a fair and impartial trial, on account of the bias or prejudice of the citizens of the township or city against him; 4. When, from any cause, the Justice is disqualified from acting; 5. When the Justice is sick or unable to act. 834. The place of trial cannot be changed, on motion of the same party, more than once, upon any or all the grounds specified in the first, second, and third subdivisions of the preceding section. 835. When the Court orders the place of trial to transferred be changed, the action must be transferred for trial to a Court the parties may agree upon; and if they do not so agree, then to another Justice's Court in the same county. Proceedings after order changing place of trial. 836. After an order has been made transferring the action for trial to another Court, the following proceedings must be had: 1. The Justice ordering the transfer must immediately transmit to the Justice of the Court to which it is transferred, on payment by the party applying of all the costs that have accrued, all the papers in the action, together with a certified transcript from his docket of the proceedings therein; 2. Upon the receipt by him of such papers, the Justice of the Court to which the case is transferred must issue a notice, stating when and where the trial will take place, which notice must be served upon the parties at least one day before the time fixed for trial. 837. From the time the order changing the place of trial is made, the Court to which the action is thereby transferred has the same jurisdiction over it as though it had been commenced in such Court. Effect of changing an order place of trial. cases to the District Court. 838. (§ 581.) The parties to an action in a Jus- Transfer of tice's Court cannot give evidence upon any question which involves the title or possession of real property, or the legality of any tax, impost, assessment, toll, or municipal fine, nor can any issue presenting such question be tried by such Court; and if it appear, from the answer of the defendant, verified by his oath, that the determination of the action will necessarily involve the question of title or possession to real property, or the legality of any tax, impost, assessment, toll, or municipal fine, the Justice must suspend all further proceedings in the action and certify the pleadings, and, if any of the pleadings are oral, a transcript of the same, from his docket to the Clerk of the District Court of the county; and from the time of filing such pleadings or transcript with the Clerk, the District Court has over the action the same jurisdiction as if it had been commenced therein. CHAPTER II. MANNER OF COMMENCING ACTIONS IN JUSTICES' COURTS. SECTION 839. Actions, how commenced. 840. Summons may issue within a year. |