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 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 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 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.

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
York.

III. The justices' courts of cities.
IV. General provisions.

CHAPTER I.

The Marine Court of the city of New York.

65. [Obsolete.]

CHAPTER II.

The Justices' Courts, in the city of New York.

66. 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 be had before any justice of such courts, without regard to the district in which the premises are

situated; and the affidavits used in such proceedings may be taken before any officer authorized by law to take affidavits. And the justices of the dis trict courts of the city of New York are hereby respectively authorized to appoint a stenographer in their several courts, whose duty it shall be to take full stenographic notes of all proceedings in trials had therein: he shall hold his office during the pleasure of the justice of the court, and shall receive a salary of $2,000 per annum out of the city treasury. The clerks of the said district courts shall collect, in all cases in which a trial is had, the sum of $1, in addition to the other fees authorized by law, and shall pay the same into the city treasury in like manner with other fees collected by them.

CHAPTER III.

The Justices' Courts of Cities.

267. 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 $100.

CHAPTER IV.

General Provisions.

268. 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 judg ments, 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 $25 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.

PART II.

Of Civil Actions.,

TITLE I. Of their Form.

II. Of the Time of Commencing them.
III. Of the Parties.

IV. Of the Place of Trial.

V. Of the Manner of Commencing them.
VI. Of the Pleadings.

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.
XV. General Provisions.

TITLE I.

Of the Form of Civil Actions.

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