the removal of any trunks or other property of passengers, or of the captain, mate, seamen, steward, cook, or other persons employed on board.-1873-329. 821. The owner, or the master, agent, or consignee, of the steamer, vessel, or boat, may, on behalf of the owner, appear and answer, or plead to the action; and may except to the sufficiency of the sureties on the undertaking filed on behalf of the plaintiff, and may require sureties to justify, as upon bail on arrest.-1873-329. 822. After the attachment is levied, the owner, or the master, agent, or consignee of the steamer, vessel, or boat, may, in behalf of the owner, have the attachment discharged, upon giving to the sheriff an undertaking of at least two sufficient sureties in an amount sufficient to satisfy the demand in suit, besides costs, or depositing that amount with the sheriff. Upon receiving such undertaking or amount, the sheriff must restore to the owner, or the master, agent, or consignee of the owner, the steamer, vessel, or boat attached.-1873-330. 823. After the appearance in the action of the owner, the attachment may, on motion, also be discharged in the same manner, and on like terms and conditions, as attachments in other cases, subject to the provisions of section eight hundred and twenty-five. -1873-330. 824. If the attachment be not discharged, and a judgment be recovered in the action in favor of the plaintiff, and an execution be issued thereon, the sheriff must sell at public auction, after publication of notice of such sale for ten days, the steamer, vessel, or boat, with its tackle, apparel, and furniture, or such interest therein as may be necessary, and must apply the proceeds of the sale as follows: 1. When the action is brought for demands other than the wages of mariners, boatmen, and others employed in the service of the steamer, vessel, or boat sold, to the payment of the amount of such wages, as specified in the execution. 2. To the payment of the judgment and costs, including his fees. 3. He must pay any balance remaining to the owner, or to the master, agent, or consignee who may have appeared on behalf of the owner, or if there be no appearance, then into court, subject to the claim of any party or parties legally entitled thereto. -1873-330. 825. Any mariner, boatman or other person employed in the service of the steamer, vessel or boat attached, who may wish to assert his claim for wages against the same, the attachments being issued for other demands than such wages, may file an affidavit of his claim, setting forth the amount and the particular service rendered, with the clerk of the court; and thereafter no attachment can be discharged 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. 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, or by any creditor, it shall be be 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 a court in which the action is pending or a judge thereof immediately after the same is given, and the judgment of the court or judge shall be final. On the review the court or judge may use the minutes of the proofs taken by the clerk or referee, or may take the proofs anew.--1880-12. 827. 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. Proceedings in Justices' Courts. Chapter I. Place of Trial of Actions in Justices' Courts. Section IV. Provisional Remedies in Justices' Courts. II. Attachment. Claim and Delivery of Personal Property. V. Judgment by Default in Justices' Courts. VI. Time of Trial and Postponements in Justices' Courts. VIII. Judgments (Other than by Default) in Justices' Courts. X. Contempts in Justices' Courts. XI. Dockets of Justices. XII. General Provisions Relating to Justices' Courts. CHAPTER I. Place of Trial of Actions in Justices' Courts. menced. 833. Place of trial may be changed Section 832. Actions, where must be com- 835. To what court transferred. in certain cases. 834. Limitation change. on the right to 832. Actions in justices' courts must be commenced, and, subject to the right to change the place of trial, as in this chapter provided, must be 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, or where the defendant resides; 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, or in which the defendant resides; 4 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; and the township or city in which the obligation is incurred is deemed to be the township or city in which it is to be performed, unless there is a special contract in writing to the contrary; 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-1907-878. 833. The court may, at any time before the trial, on motion, change the place of trial in the 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 of the grounds specified in the first, second, and third subdivisions of the preceding section. 835. When the court orders the place of trial to 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. 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 to whom the case is transferred has thereafter the same jurisdiction over the action as though it had been commenced in his court.-1907-879. 838. The parties to an action in a justice'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; or 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 superior court of the county; and from the time of filing such pleadings or transcript with the clerk, the superior court shall have over the action the same jurisdiction as if it had been commenced therein; provided, that in cases of forcible entry and detainer, of which justices' courts have jurisdiction, any evidence, otherwise competent, may be given, and any question properly involved therein may be determined.-1880-18. 839. An action in a justice's court is commenced by filing a complaint.-1875-98. 840. The court must indorse on the complaint the date upon which it was filed, and at any time within one year thereafter the plaintiff may have summons issued. 841. At any time after the complaint is filed the defendant may, in writing, or by appearing and pleading, waive the issuing of sum mons. 842. Parties in justices' courts may appear and act in person or by attorney; and any person, except the constable by whom the summons or jury process was served, may act as attorney. 843. When an infant, insane, or incompetent person is a party, he must appear either by his general guardian, if he have one, or by a guardian ad litem appointed by the justice. When a guardian ad litem is appointed by the justice, he must be appointed as follows: 1. If the infant, insane, or incompetent person, be plaintiff, the appointment must be made before the summons is issued, upon the application of the infant, if he be of the age of fourteen years; if under that age, or if insane, or incompetent, upon the application of a relative or friend. 2. If the infant, insane, or incompetent person, be defendant, the appointment must be made at the time the summons is returned, |