be given for the sum actually due. When the pay ments are to be made by instalments, an action may be brought for each instalment as it becomes due: 5. Of an action upon a surety bond or undertaking taken by them, though the penalty or amount claimed exceed one hundred dollars : 6. To take and enter judgment on the confession of a defendant, when the amount confessed does not exceed two hundred and fifty dollars: 7. In the cities of Albany, Hudson, New-York and Troy, of an action, upon the charter or upon a by-law of the corporation of those cities respectively, when the penalty or forfeiture does not exceed one hundred dollars. § 154. The jurisdiction conferred by the last section does not extend, however, to a civil action, 1. In which the title to real property shall come in question : 2. Nor for an assault, battery, false imprisonment, libel, slander, malicious prosecution, criminal conversation or seduction, or upon a promise to marry. 3. Nor involving a matter of account, when the sum total of the accounts of both parties, proved to the satisfaction of the court, exceeds four hundred dollars: 4. Nor of an action against an executor or administrator, as such. § 155. The following actions can, however, be brought in these courts, only when the cause of action, or some part of it, arose in the town, city or district in which they are established, or when the defendant resides, or having absconded from his residence, is found therein, 1. For the recovery of a forfeiture or penalty given by statute: 2. Against a public officer or person specially appointed to execute his duties, for an act done by him. in virtue of his office, or against a person who, by his command or in his aid, does any thing touching the duties of such officer. ARTICLE II. THE JUSTICES' COURTS HELD BY JUSTICES OF THE PEACE. SECTION 156. Every justice of the peace must hold a justice's court in his town or city, except as in next two sections. 157 When disqualified. 158. When not obliged to hold court. 159. Action, in what town or city to be brought, 160. Courts, where held and when opened. § 156. Every justice of the peace must hold a justice's court in the town or city in which he is elected, denominated a justice's court of that town or city, except as provided in the next two sections. § 157. If the justice be an inn-holder or tavernkeeper, he is disqualified from holding a court as provided in the last section; but if a judgment have been actually rendered by him, before his becoming so disqualified, he may issue execution thereon as in other cases. § 158. If he be a member of the legislature, or a county judge, he is not obliged to hold a justice's court, as provided in section 156, but may do so or not, at his option. § 159. An action of which these courts have jurisdiction, as provided in sections 153 to 155, both inclusive, must be brought, 1. In a court held in the town or city in which either the plaintiff or defendant, or one of several plaintiffs or defendants resides, or in another town in the same county, next adjoining the residence of the plaintiff or defendant. 2. If the defendant have absconded from his residence, in a court held in the town or city in which he or his property may be: 3. If the plaintiff or defendant do not reside in the county, it may be brought in a court held in the town or city in which either the plaintiff or defendant may be: 4. If the defendant be a corporation, created under the laws of this state, in a court held in the town or city in which it transacts its general business or keeps an office or has an agency established for the transaction of business, or is established by law. § 160. These courts may be held at any place desig. nated by the justice holding the same, in the town or city for which he is elected; and they are always open for the transaction of business. ARTICLE III. THE JUSTICES' COURTS OF THE CITIES OF ALBANY, HUDSON and troy. § 161. There are three justices of each of these courts, elected by the electors of the cities in which they are established. § 162. Either of the justices of these courts may hold the court in the city in which he is elected. § 163. These courts must be held at the places appointed pursuant to law, or if there be none, at such places as may be from time to time appointed by the common council of their cities, at ten o'clock on every judicial day, and must continue in session as long as the public interests require. ARTICLE IV. THE JUSTICES' COURTS IN THE CITY OF NEW-YORK. SECTION 164, 165. Justices' districts in New-York. 166. Actions, where to be brought. 167. Justices of these courts. 168. Court in each district, by whom held. 169. Proceedings, when justice is disqualified. § 164. The city of New-York is divided into six justices' districts, in which there shall continue courts de nominated the justices' courts of the first, second, third, fourth, fifth and sixth districts of that city, respectively. § 165. The districts mentioned in the last section are as follows: 1. The first district embraces the first, second, third and fifth wards: 2. The second district embraces the fourth, sixth and fourteenth wards: 3. The third district embraces the eighth and ninth wards: 4. The fourth district embraces the tenth, fifteenth and seventeenth wards: 5. The fifth district embraces the seventh, eleventh and thirteenth wards: 6. The sixth district embraces the twelfth, sixteenth and eighteenth wards. § 166. An action of which these courts have jurisdiction, as provided in sections 153 to 155, both inclusive, must be brought, 1. In a court held in the district in which either the plaintiff or defendant, or one of several plaintiffs or defendants, resides: 2. If none of the parties reside in the city of NewYork, in any of these courts, at the election of the plaintiff: |