Sec.3.  After issue has been joined, and before testimony has been heard, either party may demand that the cause be tried by a jury.  Whereupon the justice issues a venire, which is a writ or precept directing a constable to summon the required number of duly qualified men to appear before the justice, to make a jury to try the cause.

Sec.4.  The testimony and arguments on both sides having been heard, the jurors are put under the charge of the constable, who is sworn to keep them in some convenient place, without meat or drink, except such as the justice may order, until they shall have agreed on their verdict, or have been discharged by the justice; and not to allow any person to speak to them during such time, nor to speak to them himself, except by order of the justice, unless to ask them whether they have agreed on their verdict.

Sec.5.  All the jurors must agree in a verdict; and when so agreed, they return in charge of the constable, and, in open court, deliver their verdict to the justice, who enters judgment according to the finding of the jury.  If the jurors, after having been out a reasonable time, do not all agree upon a verdict, the justice may discharge them, and issue a new venire, unless the parties consent to submit the cause to the justice.

Sec.6.  If a judgment is not paid within the time prescribed by law, the justice issues an execution, which is a precept directing a constable to collect the amount of the judgment; and authorizing him to take and sell the goods and chattels of the debtor, and to make his returns to the justice within the time required. Goods and chattels are personal or movable property, or property other than freehold, or real estate.  If the money can not be collected, the execution is returned as not satisfied.  If a constable does not faithfully obey the directions contained in the execution, he and his sureties become liable to pay the judgment.

Sec.7.  Laws have been passed in all the states for the benefit of poor men, who are allowed to retain, for the use and comfort of themselves and their families, certain articles of personal property, which may not be sold on execution; such as necessary household furniture, apparel, beds, tools and implements of trade, &c.  The practice which formerly prevailed, of imprisoning debtors who were unable to satisfy executions, has been abolished, except for fines and penalties.

Sec.8.  The foregoing description of the proceedings of a justice’s court is that of a prosecution in ordinary cases.  But there are other modes of prosecution in certain cases, one of which is by attachment.  An attachment is a writ directing the property of a debtor to be taken, and kept till a trial can be had, and judgment obtained.  This mode of proceeding is adopted when the plaintiff has reason to believe that a debtor conceals himself to avoid being prosecuted by summons, or is about to remove his property or himself from the county, or intends in some other way to defraud his creditors.