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.

9.

Every complaint, answer, or reply, must be verified by the oath of the party pleading the same, or of his agent or attorney, to the effect that he believes it to be true.

10.

Every material allegation in a complaint or answer, not denied by the pleading of the adverse party, shall, on the trial be taken to be true, except, that in the case of a defendant who does not appear and answer, the plaintiff cannot recover, without proving his case.

11.

The omission by either party to make a specific denial of a material allegation on the other side, shall not be taken as an admission of the truth thereof, unless at the time of joining the issue, his attention be called to such allegation, and he be informed of the effect of omitting to deny it.

12.

In an action or defence, 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.

13.

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.

14.

The pleadings may be amended, at any time before the trial, or during the trial, or upon appeal, to supply any deficiency or omission in the allegations, necessary to support the action or defence, 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, to be fixed by the court, not exceeding three dollars; but such payment shall not be required, unless an adjournment is made necessary by the amendment; nor shall an amendment be allowed after a witness is sworn on a trial, when an adjournment thereby will be made necessary.

15.

Execution may be issued on a judgment in a justice's court, after thirty days from the rendition thereof.

16.

If the judgment be docketed with a county clerk, the execution shall be issued in the same manner, as upon a judgment of a county court, except that it shall not be issued until thirty days after the rendition of the judgment, and that when issued in the county, where the judgment is rendered, it may be issued to a constable; but real estate shall not be levied upon by a constable.

17.

Where an execution, on such a judgment, shall have been issued to a constable, in the county where it was rendered, it may afterwards, and before the time appointed for its return, be transferred, to the sheriff for the purpose of a levy on real estate; but, in such case, the constable shall be entitled to fees for travel and services, when those services have been actually rendered, and may retain the execution until such fees are paid.

18.

The provisions of this act, and the amendments thereof, respecting forms of action, parties to actions, the rules of evidence, and the times of commencing actions, shall apply to these courts.

§ 9. Section 102 is amended, so as to read as follows: 102. When a complete determination of the controversy cannot be had, without the presence of other par

ties, the court may order them to be brought in, by an amendment of the complaint, or by a supplemental complaint, and a new summons; and when, in an action for the recovery of real or personal property, a person, not a party to the action, but having an interest in the subject thereof, shall make application to the court, to be made a party, the court may order him to be brought in by the proper amendment.

This amendment is designed to extend the power of the court in respect to the introduction of new parties into the action, to some cases which might not be considered within the section as it stood. These cases may be very rare, but it is well to provide for them.

§ 10. Subdivision 5 of section 103 is amended, so as to read as follows:

5. For injuries to the person, or for taking, detaining, or injuring, personal property.

Conformable to the amendment of section 46.

§ 11. Section 109 is amended, so as to read as follows:

§ 109. A copy of the complaint shall be served with the summons, except that, in an action against three or more defendants, when the complaint shall have been already filed, a copy thereof need not be served with the summons. In such case, the summons shall state where the complaint is filed; and if the defendant, within ten days thereafter, in person or by attorney, demand in writing, a copy of the complaint, specifying a place within the state where it may be served, a copy thereof shall be served accord

ingly, and after such service the defendant shall have twenty days to answer; but only one copy need be served on the same attorney.

This is intended to save the plaintiff from making unnecessary copies of the complaint. It often happens that several defendants defend by one attorney, and then several copies are unnecessary.

§ 12. Section 111 is amended, so as to read as follows: § 111. In an action affecting the title to real property, the plaintiff, at the time of issuing the summons, or at any time afterwards, may file with the clerk of each county in which the property is situated, a notice of the pendency of the action, containing the names of the parties, the object of the action, and a description of the property in that county affected thereby; and if the action be for the foreclosure of a mortgage, the date of the mortgage, the parties thereto, and the time and place of recording the same. In such case only, shall the pendency of the action be constructive notice to a purchaser or incumbrancer of the property affected thereby. But judgment shall not be delayed, for the want of such notice of action pending, if the same have been actually filed for twenty days.

To remove a doubt, sometimes expressed, whether the notice can be filed before the service of the summons; and also to reduce the time now required between the filing of the notice and the judgment. By the existing law, made before the code, forty days must elapse between the notice and the decree; but the code provides that if there be no answers in twenty days, the plaintiff may move for judgment. The time of the notice should therefore be shortened.