rendered against him. If the plaintiff fail
to appear, he loses the suit and has to pay the costs. For sufficient
cause either party may have the suit adjourned or postponed for a short
time.

Jury.--On demand of either party a jury must be impaneled. The jury
usually consists of twelve persons, but by consent of the parties the
number may be less. The jury is impaneled as follows: The justice directs
the sheriff or constable to make a list of twenty-four inhabitants of the
county qualified to serve as jurors in the district court, or of eighteen
if the jury is to consist of six persons. Each party may then strike out
six of the names. The justice then issues a venire [Footnote: For forms,
see page 280.] to the sheriff or a constable, directing him to summon the
persons whose names remain on the list to act as jurors.

Witnesses.--If any of the witnesses should be unwilling to come, the
justice issues a subpoena [Footnote: For forms, see page 279.] commanding
them to appear. The subpoena may contain any number of names and may be
served by any one. It is "served" by reading it to the person named
therein, or by delivering a copy of it to him. A witness, however, is not
bound to come unless paid mileage and one day's service in advance.

THE TRIAL.

Opening Statement.--The usual procedure is as follows: After the jury has
been sworn, the plaintiff's attorney reads the complaint and makes an
opening statement of the facts which he expects to prove. The purpose of
the opening statement is to present the salient points of the case, so
that the importance and bearing of the testimony may be readily seen by
the jury.

Evidence.--The evidence [Footnote: The most important Rules of Evidence
are given in chapter VII.] for the plaintiff is then introduced. Each
witness, after being duly sworn, gives his testimony by answering the
questions of counsel. After the direct examination by the plaintiff's
attorney, the witness may be cross-examined by the attorney for the
defendant. When the evidence for the plaintiff is all in, the defendant's
attorney makes his opening statement, and then the witnesses for the
defense are examined. The direct examination is now, of course, conducted
by the counsel for the defendant, and the cross-examination by opposing
counsel. When all the evidence for the defense has been introduced, the
plaintiff may offer evidence in "rebuttal," that is, to contradict or
disprove new matter adduced by the