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.

§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.

§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 limited in ordinary suits.




Chapter XVIII.

Trial by Jury; Execution; Attachment; Appeals; Arrest of Offenders.