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proceed therein ; and the defendant shall be precluded, in his defence, from drawing the title in question.
$ 52. 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 the plaintiff shall pay the costs.
$ 53. When a suit before a justice shall be discontinued by the delivery of an answer and undertaking as provided in sections 48, 49 and 50, 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 be the same which he made before the justice.
: $ 54. 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.
$ 55. If, in an action before a justice, the plaintiff have several causes of action, to one of which the defence 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 48 and 49, the justice shall discontinue the proceedings as to that cause, and the plaintiff may commence another action in the supreme court therefor. As to the other causes of action, the justice may continue his proceedings.
$ 56. 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 have the same effect, as a lien, and be enforced in the same manner, as a judgment of a 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.
§ 57. The provisions of this act, respecting forms of action, pleadings, and the rules of evidence, shall apply to the courts of justices of the peace, except that the pleadings may be oral.
Of Justices' and other Inferior Courts in Cities.
CHAPTER I, THE MARINE COURT OF THE CITY OF NEW-YORK.
II. THE ASSISTANT JUSTICES' COURTS IN THE CITY OF NEW-YORK,
TICES' COURTS OF THE CITIES OF ALBANY, TROY AND HUDSON.
The remarks which have been already made, upon the title relating to the superior court and common pleas in the city of New-York, and to the mayors' and recorders' courts in other cities, (p. 53,) are to a great extent applicable to the courts embraced in this title. Their jurisdiction, in nearly every instance, is conferred by the existing statutes, with reference to the forms of action; and (with the exception of the city of New-York,) their powers are designed to be the same, though conveyed, in the different statutes creating them, in terms unnecessarily variant. In presenting the revision contained in this title, we have, for the present, refrained from going further than to establish the jurisdiction of these courts with reference to the substance of the action, instead of its form. Where the difference between their jurisdictions is unessential, we have assimilated their powers; and for the reasons stated in the introductory note to the sixth title, (p. 55–57,) have applied to them the provisions of that title in relation to forms of action and pleading, to filing and docketing transcripts of their judgments, their effect and the mode of enforcing them, and to proceedings where title to real property is in question.
THE MARINE COURT OF THE CITY OF NEW-YORK
SECTION 58. Its jurisdiction. $ 58. The marine court of the city of New-York shall 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 46 and 47.
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 maritime jurisdiction.
The second and third subdivisions of this section, embrace the peculiar jurisdiction of this court, and are carefully condensed from 2 R. L. of 1813, p. 381, 382, sec. 106.
THE ASSISTANT JUSTICES' COURTS, IN THE CITY OF
SECTION 59. Their jurisdiction.
$ 59. The assistant justices' courts in the city of NewYork, 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 46 and 47; such jurisdiction, however, to be limited to cases where the sum due or claimed, or the judgment confessed, shall not exceed fifty dollars.
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 fifty dollars.