When any cause shall become at issue, any party thereto shall be entitled to a jury trial by filing with the justice of the peace a demand for a jury, and in case said cause be a civil action, by depositing with the clerk of the justice court the sum of 12 dollars, which sum shall be taxed as costs if the party depositing the same shall prevail on the trial of said cause; and said sum will be returned to the person depositing the same if said cause shall be disposed of without a trial thereof by a jury.