or to real property, or for taking, detaining, or injuring personal property, if the damages claimed do not exceed one hundred dollars;

3. An action for a penalty not exceeding one hundred dollars.

4. An action commenced by attachment of property, as now provided by statute, if the debt or damages claimed do not exceed one hundred dollars ;

5. An action upon a bond, conditioned for the payment of money, not exceeding one hundred dollars, though the penalty exceed that sum, the judgment to be given for the sum actually due. Where the payments are to be made by instalments, an action may be brought for each instalment as it shall become due;

6. An action upon a surety bond taken by them, though the penalty or amount claimed exceed one hundred dollars;

7. An action on a judgment rendered in a court of a justice of the peace, or of a justices' or other inferior court in a city where such action is not prohibited by section 71;

8. To take and enter judgment on the confession of a defendant where the amount confessed shall not exceed two hundred and fifty dollars, in the manner prescribed by article eight, title four, chapter two, of part three of the Revised Statutes;

9. An action for damages for fraud in the sale, purchase or exchange of personal property if the damages claimed do not exceed one hundred dollars.

$ 54. But no justice of the peace shall have cognizance Joristicon in civil of a civil action,

1. In which the people of this state are a party, excepting for penalties not exceeding one hundred dollars,"

2. Nor where the title to real property shall come in question, as provided by sections 55 to 62, both inclusive;

3. Nor of a civil action for an assault, battery, false

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actions Jimited.

tiile lo

Undorle

imprisonment, libel, slander, malicious prosecution criminal conversation, or seduction;

4. Nor of a matter of account, where the sum total of the accounts of both parties, proved to the satisfaction of the justice, shall exceed four hundred dollars;

5. Nor of an action against an executor or administrator, as such.

$ 55. In every action brought in a court of justice of Answer of the peace where the title to real property shall come in lond. question, the defendant may, either with or without other matter of defence, set forth in his answer, any matter showing that such title will come in question. Such answer shall be in writing, signed by the defendant or his attorney, and delivered to the justice. The justice shall thereupon countersign the same, and deliver it to the plaintiff. $ 56. At the time of answering, the defendant shall de

king there liver to the justice a written undertaking, executed by at least one sufficient surety, and approved by the justice to the effect that if the plaintiff shall, within thirty days thereafter, deposite with the justice a summons and complaint in an action in the county court, for the same cause, the defendant will, within ten days after such deposite, give an admission in writing of the service thereof.

Where the defendant was arrested in the action before the justice, the undertaking shall further provide, that he will at all times render himself amenable to the process of the court during the pendency of the action, and to such as may be issued to enforce the judgment therein. In case of failure to comply with the undertaking, the surety shall be liable, not exceeding one hundred dollars. § 57. Upon the delivery of the under taking to the justice, Suit before

justice lo be the action before him shall be discontinued, and each party shall pay his own costs. The costs so paid by either party shall be allowed to him, if he recover costs in the action to be

Proceedmga if un

not given,

The same.

New action in su preme eourl.

brought for the same cause in the county courts. If no such action be brought within thirty days after the delivery of the undertaking, the defendant's costs before the justice may be recovered of the plaintiff.

§ 58. If the undertaking be not delivered to the justice, dertaking he shall have jurisdiction of the cause, and shall proceed

therein; and the defendant shall be precluded, in his defence, from drawing the title in question.

$ 53. If, however, it appear on the trial, from the plaintiff's own showing, that the title to real property is in question, and such title shall be disputed by the defendant, the justice shall dismiss the action, and render judgment against the plaintiff for the costs.

$ 60. When a suit before a justice shall be discontinued by the delivery of an answer and undertaking, as provided in sections fifty-five, fifty-six and fifty-seven, the plaintiff may prosecute an action for the same cause, in the county court,

and shall complain for the same cause of action only on which Perselings he relied before the justice; and the answer of the defendant

shall set up the same defence only which he made before the justice.

§ 61. If the judgment in the county court be for the plaintiff, he shall recover costs; if it be for the defendant, he shall recover costs, except that upon a verdict he shall pay costs to the plaintiff, unless the judge certify that the title to real property came in question on the trial.

$ 62. If, in an action before a justice, the plaintiff have

several causes of action, to one of which the defence of title answer of to real property shall be interposed, and as to such cause, the title as 10

defendant shall answer and deliver an undertaking, as provided in sec'ions fifty-five and fifty-six, the justice shall discontinue the proceedings as to that cause, and the pluintiff may commence another action th:refor in the county court. As to the other causes of action, the justice may continue his proceedings.

.

Costs of action in county court.

Proceedings where several causes of

justices'

effect

: $63. A justice of the peace, on the demand of a party Docketting in whose favor he shall have rendered a judgment, shall judgments give a transcript thereof, which may be filed and docketed thereul. in the office of the clerk of the county where the judgment was rendered. The time of the receipt of the transcript by the clerk shall be noted thereon and entered in the docket; and, from that time, the judgment shall be a judgment of the county court. A certified transcript of such judgment may be filed and docketed in the clerk's office of any other county, and with the like effect, in every respect, as in the county where the judgment was rendered; except that it shall be a lien, only from the time of filing and docketing the transcript. But no such judgment for a less sum than twenty-five dollars, exclusive of costs, hereafter docketed, shall be a lien upon, or enforced against real property.

$ 64. The following rules shall be observed in the courts Ruter in of justices' of the peace :

justicos courts.

1.

The plead. ing.

The pleadings in these courts are ; 1. The complaint by the plaintiff ; 2. The answer by the defendant.

2. The pleadings may be oral, or in writing; if oral the Pleading,

how put it substance of them shall be entered by the justice in his docket; if in writing, they shall be filed by him, and a reference to them shall be made in the docket.

The complaint shall state, in a plain and direct manner, Complain. the facts constituting the cause of action.

4.

The answer may contain a denial of the complaint, or Answe.

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

Pleadings, what to contain.

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.

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6.

Demurter.

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.

Proceedings on deMurrer.

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.

prore his

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

not appear.

9.

Proceedings in ac

count, or

pay

In an action or defence, founded upon an account or an tion ou ac- instrument for the payment of money only, it shall be sufmatrument ficient for a party to deliver the account or instrument to

the court, and to state, that there is due to him thereon only.

from the adverse party a specified sum, which he claims to recover or set off.

ment of money

10.

Variance,

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.