action, and render judgment against the plaintiff for the costs. 260. When a suit before a justice shall be discontinued by the delivery of an answer and undertaking, as provided in sections 55, 56 and 57, the plaintiff may prosecute an action for the same cause in the supreme court, and shall complain for the same cause of action only, on which he relied before the justice and the answer of the defendant shall set up the same defense only, which he made before the justice. 61. If the judgment in the supreme 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 defense of title to real property shall be interposed, and as to such cause the defendant shall answer and deliver an undertaking, as provided in sections 55 and 56, the justice shall discontinue the proceedings as to that cause, and the plaintiff may commence another action therefor in the supreme court. to the other causes of action, the justice may continue his proceedings. As All actions pending in any county court, on the 7th day of May, 1858, in all causes in which a plea of title was interposed in actions originally commenced in a justice's court, are transferred to and vested in the supreme court, with full power and jurisdiction to proceed therein as commenced in said supreme court, by reason of a plea of title having been interposed in a justice's court in like causes. 63. A justice of the peace, on the demand of a party in whose favor he shall have rendered a judgment, shall give a transcript thereof, which may be filed and docketed 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. 264. The following rules shall be observed in the courts of justices of the peace: 1. 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 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. 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 compliant, or of any part thereof, and also notice in a plain and direct manner of any facts constituting a defense or counterclaim. 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 defense, 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 defense, 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 shall be issued by him 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 pro vided 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 return 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 justico 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. 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 of the city of New III. The justices' courts of cities. CHAPTER I. The Marine Court of the city of New York. 365. [Obsolete.] CHAPTER II. The Justices' Courts, in the city of New York. 263. The district courts of the city of New York shall have such jurisdiction as is provided by special statutes; and proceedings under article 2 of title 10 of chapter 8 of part 3 of the Revised Statutes may bè had before any justice of such courts, without regard to the district in which the premises are |