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1. The complaint by the plaintiff;
2. The answer by the defendant. 2. The pleadings may be oral, or in writing ; if oral the substance of them shall be entered by the justice in his docke: ; if in writing, they shall be filed by him, and a reference to them shall be made in the docket.
3. The complaint shall state, in a plain and direct manner, the facts constituting the cause of action.
4. The answer may contain a denial of the complaint, or of any part thereof, and also notice in a plain and direct manner of any facts constituting a defense or counter-claim.
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 plaintiff cannot recover, without proving his case.
9. In an action or defence, founded upon an account or an instrument for the payment of money only, it shall be sufficient for a party to deliver the account or instrument to 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. A variance between the proof on the trial, and the
allegations 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. The pleadings may be amended at any time before the trial, 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. Execution may be issued on a judgment heretofore or hereafter rendered in a justice's court, at any time within five years after the rendition thereof, and shall be returnable sixty days from the date of the same.
13. If the judgment be docketed with the county clerk, the execution may be issued in the same manner to the sheriff of the county, 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. The court may, at the joining of issue, require either
party, at the request of the other, at that or some other 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. The provisions of this act, respecting forms of action, parties to actions, the rules of evidence, the times of commencing actions, and the service of process. upon corporations, shall apply to these courts.
The defendant may, on the returi. of process, and before answering, make an offer in writing to allow judgment to be taken against him for an amount, to be stated in such offer, with costs. The plaintiff shall thereupon, and before any other proceedings shall be had in the action, determine whether he will accept or reject such offer. If he accept the offer, and give notice thereof in writing, the justice shall file the offer and the acceptance thereof, and render judgment accordingly. If notice of acceptance be not given, and if the plaintiff fail to obtain judgment for a greater amount, exclusive of costs, than has been specified in the offer he shall not recover costs, but shall pay to the defendant his costs accruing subsequent to the offer.
S$ 65, 66. (Obsolete.)
$ 67. The justices' courts of cities, shall have jurisdiction 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 exceed one hundred dollars.
$ 68. The provisions of sections 55 to 64, both inclusive, relating to forms of action, 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 mode of enforcing them, and to proceedings where title 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 whereof 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.
$ 69. The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished; and, there shall be in this state, hereafter, but one form of action, for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.
$ 70. In such action, the party complaining shall be known as the plaintiff, and the adverse party as the defendant.
§ 71. No action shall be brought upon a judgment rendered in any court of this state, except a court of a justice of the peace, between the same parties, without leave of the court for good cause shown, on notice to the adverse party; and no action on a judgment rendered by a justice of the peace, shall be brought in the same county within five years after its rendition, except in case of his death, resignation, incapacity to act, or removal from the county, or that the process was not personally served on the defendant, or on all the defendants, or in case of the death of some of the par.
ties, or where the docket or record of such judgment is or shall have been lost or destroyed.
$ 72. Feigned issues are abolished; and instead thereof, in the cases where the power now exists to order a feigned issue, or when a question of fact, not put in issue by the pleadings, is to be tried by a jury, an order for the trial may be made, stating, distinctly and plainly, the question of fact to be tried, and such order shall be the only authority necessary for a trial.
$ 73. The provisions contained in the chapter of the revised statutes, entitled “ of actions and the times of commencing them,” are repealed, and the provisions of this title are substituted in their stead. This title shall not extend to actions already commenced, or to cases where the right of action has already accrued ; but the statutes now in force shall be applicable to such cases, according to the subject of the action, and without regard to the form.
$ 74. Civil actions can only be commenced within the periods prescribed in this title, after the cause of action shall have accrued, except where, in special cases, a different limitation is prescribed by statute. and in the cases mentioned in section seventy-three.
But the objection that the action was not commenced within the time limited, can only be taken by answer.
$ 75. The people of this state will not sue any person for, or in respect to any real property, or the issues or profits thereof, by reason of the right or title of the people to the same unless,
1. Such right or title shall have accrued within forty