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Pleadings, what to

contain.

Demurrer.

Proceedings on de

murrer.

Plaintiff to prove his

of any part thereof, and also notice in a plain and direct manner, of any facts constituting a defence.

5.

Pleadings are not required to be in any particular form, but must be such, as to enable a person of common understanding to know what is intended.

6.

Either party may demur to a pleading of his adversary, or any part thereof, when it is not sufficiently explicit to enable him to understand it, or it contains no cause of action or defence, although it be taken as true.

7.

If the court deem the objection well founded, it shall order the pleading to be amended, and, if the party refuse to amend, the defective pleading shall be disregarded.

8.

In case a defendant does not appear and answer, the case, if de- plaintiff cannot recover, without proving his case.

fendant do

not appear.

9.

Proceed

In an action or defence, founded upon an account or an tion on ac- instrument for the payment of money only, it shall be suf

ings in ac

count, or

instrument ficient for a party to deliver the account or instrument to

for pay

ment of money only.

the court, and to state, that there is due to him thereon from the adverse party a specified sum, which he claims to recover or set off.

10.

Variance, when dis

A variance between the proof on the trial, and the alleregarded. gations in a pleading, shall be disregarded as immaterial, unless the court shall be satisfied, that the adverse party has been misled to his prejudice thereby.

11.

pleadings.

The pleadings may be amended at any time before the trial, Amending or during the trial, or upon appeal, when by such amendment substantial justice will be promoted. If the amendment be made after the joining of the issue, and it be made to appear to the satisfaction of the court, by oath, that an adjournment is necessary to the adverse party in consequence of such amendment, an adjournment shall be granted. The court may also, in its discretion, require as a condition of an amendment the payment of costs to the adverse party.

12.

when issu

returnable.

Execution may be issued on a judgment heretofore or Execution, hereafter rendered in a justice's court, at any time within able and five years after the rendition thereof, and shall be returnable sixty days from the date of the same.

13.

on justices' docketed.

If the judgment be docketed with the county clerk, the Execution execution shall be issued by him to the sheriff of the coun-judgment ty, and have the same effect, and be executed in the same manner as other executions and judgments of the county court, except as provided in section 63.

14.

party to

account.

The court may, at the joining of issue, require either Requiring party, at the request of the other, at that or some other exhibit his specified time, to exhibit his account on demand, or state the nature thereof as far forth as may be in his power, and in case of his default preclude him from giving evidence of such parts thereof as shall not have been so exhibited or stated.

15.

provisions

The provisions of this act, respecting forms of action, certain parties to actions, the rules of evidence, and the times of applicable commencing actions, shall apply to these courts.

to these courts.

Its jurisdic

tion.

TITLE VII.

Of Justices' and other Inferior Courts in Cities.

CHAPTER I. The marine court of the city of New-York.

II. The justices' courts in the city of New-York.
III. The justices' courts of cities.

IV. General provisions.

CHAPTER I.

The Marine Court of the city of New-York.

SECTION 65. Its jurisdiction.

§ 65. The marine court of the city of New-York shall have jurisdiction in the following cases, and no other:

1. In actions similar to those in which courts of justices of the peace have jurisdiction, as provided by sections 53 and 54.

2. In an action upon the charter or a by-law of the corporation of the city of New-York, where the penalty or forfeiture shall exceed twenty-five dollars, and not exceed one hundred dollars.

3. In an action between a person belonging to a vessel in the merchant service, and the owner, master or commander thereof, demanding compensation for the performance, or damages for the violation of a contract for services on board such vessel, during a voyage performed, in whole or in part, or intended to be performed, by such vessel, though the sum demanded exceed one hundred dollars.

4. In an action by or against any person belonging to or on board of a vessel in the merchant service, for an assault and battery or false imprisonment, committed on board such vessel, upon the high seas, or in a place without the United States, of which the ordinary courts of law of this state have jurisdiction, though the damages demanded exceed one hundred dollars. But nothing in this or the last preceding subdivision of this section, shall

give the court power to proceed in any of the cases therein referred to, as a court of admiralty or maratime jurisdiction.

CHAPTER II.

The Justices' Courts, in the city of New-York.

Section 66. Their jurisdiction.

diction.

§ 66. The assistant justices' courts in the city of New- Their juraYork, shall hereafter be styled the justices' courts in the city of New-York, and shall have jurisdiction in the following cases:

1. In actions similar to those in which justices of the peace have jurisdiction, as provided by sections 53 and 54. 2. In an action upon the charter or a by-law of the corporation of the city of New-York, where the penalty or forfeiture shall not exceed one hundred dollars.

CHAPTER III.

The Justices' Courts of Cities.

SECTION 67. Their Jurisdiction.

§ 67. The justices' courts of cities, shall have jurisdic- Their jurts tion in the following cases, and no other:

1. In actions similar to those in which justices of the peace have jurisdiction, as provided by sections 53 and 54.

2. In an action upon the charter or by-laws of the corporations of their respective cities, where the penalty or forfeiture shall not excced one hundred dollars.

CHAPTER IV.

General Provisions.

diction.

to 64 appli

courts em

braced in

SECTION 68. Sections 55 to 64 applied to the courts embraced in this title. Section 55 § 68. The provisions of sections fifty-five to sixty-four, both cable to the inclusive, relating to forms of acrion, to pleadings, to the times of commencing actions, to the rules of evidence, to filing and docketing transcripts of judgments, to their effect, and the

this title.

mode of enforcing them, and to proceedings where tille to real property shall come in question, shall apply to the courts embraced in this title; except that, after the discontinuance of the actions in the inferior court upon an answer of title, the new action may be brought either in the supreme court, or in any other court having jurisdiction thereof, and except also that in the city and county of New-York, a judgment for twenty five dollars or over, exclusive of costs, the transcript where‹f is docketed in the office of the clerk of that county shall have the same effect as a lien, and be enforced in the same manner as and be deemed a judgment of the court of common pleas for the city and county of New-York.

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