pleadings. 11. 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. when issu 12. 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. returuable. 13. If the judgment be docketed with the county clerk, the Escention, execution shall be issued by him to the sheriff of the coun-judginent on justices docketed. 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. party to üccount. 14. The court may, at the joining of issue, require either Requiring party, at the request of the other, at that or some other ex iubitlis 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, Certain parties to actions, the rules of evidence, and the times of applicable provisions commencing actions, shall apply to these courts. to these couris. TITLE VII. Of Justices' and other Inferior Courts in Cities. II. The justices' courts in the city of New-York. CHAPTER I. The Marine Court of the city of New-York. SECTION 65. Its jurisdiction. Its jurisdic- § 65. The marine court of the city of New-York shall lon. 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. diction. Section 66. Their jurisdiction. $ 66. The assistant justices' courts in the city of New- Tacir jars York, 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. SECTION 67. Their Jurisdiction. $ 67. The justices' courts of cities, shall have jurisdic-'Their jurig diction 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 exceed one hundred dollars. CHAPTER IV. General Provisions. SECTION 68. Sections 65 to 64 applied to the courts embraced in this title. Section 56 to 64 appli. $ 68. The provisions of sections fifty-five to sixty-four, both cable to tho inclusive, relating to forms of acrion, to pleadings, to the times braced in this utto 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 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 whererfis 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. PART II. OF CIVIL ACTIONS. TITLE I. OF THEIR FORM. II. OF THE TIME OF COMMENCING THEM. IV. OF THE PLACE OF TRIAL. V. OF THE MANNER OF COMMENCING THEM. VII. OF THE PROVISIONAL REMEDIES. VIII. OF THE TRIAL AND JUDGMENT. IX. OF THE EXECUTION OF THE JUDGMENT. X. OF THE COSTS. XI. OF APPEALS. XII. OF THE MISCELLANEOUS PROCEEDINGS. XIII. ACTIONS IN PARTICULAR CASES. XIV. PROVISIONS RELATING TO EXISTING SUITS. TITLE I. Of the Form of Civil Actions. Distinction between actions at law and suits in equity, and SECTION 69. 70. Parties to an action, how designated. 71. Actions on judgments, when and how to be brought. 72. Feigned issues, abolished and order for trial substituted. between equity, and forms of § 69. The distinction between actions at law and suits Distinction in equity, and the forms of all such actions and suits, actions at heretofore existing, are abolished; and, there shall be in its in this state, hereafter, but one form of action, for the enforcement or protection of private rights and the redress suits abolof private wrongs, which shall be denominated a civil action. such ac tions and ished. an action, § 70. In such action, the party complaining shall be Parties to known as the plaintiff, and the adverse party as the how desigdefendant. nated. judgments when brought. § 71. No action shall be brought upon a judgment ren- Actions in dered in any court of this state, except a court of a justice and 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, |