ar in person, or by attorney. An _attorney_ is
any person lawfully appointed to transact business for another; hence
the word attorney does not always mean an attorney at law, or lawyer,
who is properly an officer of a court of law. When the parties have
appeared and answered to their names, they make their _pleadings_; that
is, the plantiff declares for what he brings his suit; and the defendant
states the nature of what he has to _offset_ against the demand of the
plaintiff, or denies the demand altogether. These acts of the parties
are called _joining issue_.

Sec.10. If the parties are ready for trial, the justice proceeds to try the
issue. If the witnesses have not been subpoened and are not in
attendance, the cause is adjourned to a future day; and the justice, at
the request of either party, issues a _subpoena_, which is a writ
commanding persons to attend in court as witnesses. The witnesses on
both sides are examined by the justice, who decides according to law and
equity, as the right of the case may appear, in which he is said to
_give judgment_. To the amount of the judgment, whether against the
plaintiff or the defendant, are added the costs; for it is considered to
be just that the party in default shall pay the expense of the suit.
The costs consist of the _fees_ or compensation to be paid the justice,
constable and witnesses for their services.

Sec.11. If a defendant does not appear at the time of trial, the justice
may proceed to try the cause, and decide upon the testimony of the
plaintiff's witnesses. If a plaintiff does not answer or appear when his
name is called in court, the justice enters judgment of _nonsuit_. A
plaintiff may, at any time before judgment is rendered, discontinue or
withdraw his action, in which case also judgment of nonsuit is given. In
cases of nonsuit, and also when no cause of action is found, judgment is
rendered against the plantiff for the costs.

Sec.12. A debtor may avoid the expense of a lawsuit by _confessing
judgment_. The parties go before a justice, and the debtor acknowledges
or confesses the claim of the creditor, and consents that the justice
enter judgment accordingly. In some states, the confession and consent
must be in writing, and signed by the debtor. The amount for which
judgment may be confessed is limited by law, but is, in some states at
least, and perhaps in most if not all of them, larger than the sum to
which the jurisdiction of a justice is limit