§8. The constable serves the summons by reading it or stating the
substance of it to the defendant; and if requested, gives him a copy of
it. If he does not find the defendant, he leaves a copy at his place of
residence with some one of the family of proper age. At or before the
time named for trial, the constable returns to the justice the summons
with an indorsement stating the day on which it was served, and whether
served personally or by copy. If served by copy, and the defendant does
not appear at the time named for trial, a new summons is issued, as the
practice is in some states--perhaps all of them; and the trial may not
proceed unless a summons has been personally served.

§9. The parties may appear 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_.

§10. If the parties are ready for trial, the justice proceeds to try the
issue. If the witnesses have not been subpœned and are not in
attendance, the cause is adjourned to a future day; and the justice, at
the request of either party, issues a _subpœna_, 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