For the indorsement on said affidavit, the justice shall receive an additional fee of twenty-five cents, which shall be included in the costs of the suit.

851. But no justice of the peace shall have cognizance 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 Imprisonment, libel, slauder, malicious prosecution, criminal conversation, or seduction.

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

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

55. In every action brought in a court of justice of the peace, where the title to real property shall come in question, the defendant may, either with or without other matter of defense, 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 deliver 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 twenty days thereafter, deposit with the justice a summons and complaint in an action in the supreme court for the same cause, the defendant will, within twenty days after such deposit, 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.

857. Upon the delivery of the undertaking to the justice, 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 brought for the same cause in the supreme court. 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. he shall have jurisdiction of the cause, and shall proceed therein; and the defendant shall be precluded, in his defense, from drawing the title in question.

59. 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 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. As to the other causes of action, the justice may continue his proceedings.

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.

263. A justice of the peace, on the demand of a party in whose favor he shall have rendered a judg ment, 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.

64. 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