.

THOMAS W. VEAZEY, ESQUIRE, GOVERNOR.

1835,

verdict in the county court, deduct the amount of such

CHAP. 201

verdict from the amount of his costs, if his costs ex-

ceed the amount of the verdict, and the balance only

shall be paid by the plaintiff to him, but if the amount

of the verdict exceeds the amount of the defendant's

costs, the plaintiff shall deduct such defendant's costs

therefrom, and the balance only, shall be the sum due

from the defendant to the plaintiff, and such plaintiff

may afterwards warrant or sue such defendant accord-

ing to the amount so remaining due, as for any other

debt or damages, before a single Justice of the Peace,

or the District Court, as the case may be, and a short

copy of such verdict, together with a bill of costs, as

taxed by the clerk of the county court, shall be suffi-

cient evidence of such balance due.

SEC. 5. And be it enacted, That no plaintiff bring-

Case of accounting bar

ing an action in the county court, shall he non suited

or have judgment against him, or pay costs, although

the. debt or sum of money recovered doth not exceed

one hundred dollars current money, where such debt or

sum of money recovercd has been reduced below the ju-

risdiction of the said county court by reason of an ac-

count in bar, or.set off of a debt or damages due from

the plaintiff to the defendant, and not by payments in

money.

SEC. 6. And be it enacted, That the District Jus-

Chief Judge— pri-

tice first named in the commission for each election

ority

district shall be Chief Justice of the district court in

and for his respective district, and the others in gra-

dation according to the priority of nomination, and

Two justices in-stitute a court

that any two of the said Justices in the absence of the

other, shall be capable of holding a court and exercis-

ing all the power and jurisdiction thereof, in as full and

ample a manner as if all three were present, and any

Powers out of court to issue

one of the said District Justices upon application made

process

to him out of court, shall have power and authority

to issue process by capias ad respondendum, summons,

or attachment for compelling the appearance and at-

tendance of parties or witnesses respectively, in the

said district court, to answer any suit, or to testify,

which shall be made returnable before the said district

court at such days and times as the nature of the case

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