HENRY LLOYD, ESQUIRE, GOVERNOR

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vided, the defendant, defendants, or any of
them, shall make oath or affirmation before
any Justice of the Peace in said county, that
he, she or they cannot have a fair and impar-
tial trial by the Justice before whom the pro-
ceedings were first brought.

SEC. 2. And be it enacted, That the Justice
before whom the party shall make oath or
affirmation, if other than the one before whom
the case is brought to be tried, shall, under
his hand and seal, make known to said Justice
the desire of the defendant or defendants to
be tried before some other Justice of the Peace
in the same or some adjacent district, and
upon receipt of said notice, or if the oath or
affirmation is made to him, the said Justice

shall thereupon cease all further proceedings
in or adjudication of the matters or things in
controversy, and shall, on payment of costs
incurred, immediately transmit by the Con-
stable or other proper officer to the Justice
named as aforesaid, all warrants, writs, sum-
mons or other proceedings and papers in the
case, who shall thereupon and without delay,
unless by the mutual consent of the parties,
proceed to the trial of the cause, and if the
magistrate before whom the proceedings were
first brought shall fail to comply with this
act any judgment or decision rendered by him
in such cases shall be absolutely null and void,
and he shall be liable to be sued for damages;
provided, that nothing in this act shall debar
either party to the proceedings from an appeal
from the decision of the Justice of the Peace
before whom the suit was removed for trial.

To transmit
papers, &c.

SEC. 3. And be it enacted, That this act shall
take effect from the date of its passage.

Approved March 25, 1886.

Effective.