1036 DORCHESTER COUNTY. [ART. 10.

who issues the same, or before some other justice of the same dis-
trict, or before some justice of the district where the defendant
or one of the defendants, resides; and at or before the return day
of the summons or writ of replevin, or upon the arrest of the

defendant and the return of the writ or warrant, the defendant
may notify the justice before whom the return is made that he

elects to hare the case removed before some other justice for
trial, and thereupon such justice shall transmit the papers in the
case, with a copy of his docket entries therein, to some other jus-
tice of the same district, or if there is no other justice in the same
district qualified or able to act, then before some justice in an

adjoining district; or in any case he may remove the same before
some justice of the district where the defendant or one of the
defendants resides; but on the day first fixed for trial either
party may appear before the justice about to try the case, and
make oath that he does not believe he can have an impartial trial
before such justice, and thereupon such justice shall transmit the
papers, with a copy of the docket entries, to some other justice of
the same district; or if there be no other justice in the same dis-
trict qualified or able to act, then to some justice of an adjoining
district; or in any case, upon such affidavit, he may transmit the
papers to some justice of election district number seven, of said

county, for trial; and whenever a case has been removed, either
upon the return day or upon affidavit being made as aforesaid,
the case shall stand for trial on the eighth day from the day of
removal, or if the eighth day falls on Sunday, then on the seventh
day therefrom, unless the parties shall agree upon a different day;
and the justice shall enter the day for such trial on his docket,
and no postponement upon or after the first day fixed for trial
shall be allowed, unless for the purpose of removal, or for some
other good and sufficient reason shown to the justice, or upon the
consent of the parties; and unless the parties agree no postpone-
ment shall be granted for more than fourteen days at any one
time; provided, that whenever a case is removed to some justice
of an adjoining district, the fact shall be conclusive of the right
and propriety of such removal; and provided further, that nothing
herein shall interfere with the right of the defendant in a crim-
inal case to elect to be tried by a jury, or to be tried by the cir-
cuit court under any act allowing such election; and the party