§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 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.